It does not involve averaging based on hours worked, such as full-time equivalency, but rather relies on counting full-time, year-round jobs associated with relevant business operations throughout the enterprise zone, either at a particular time or on average over a year or 12-month period.
Employed directly by the business firm, including but not limited to being hired or retained through lease or contract with the person or with a third party serving such a leasing or payroll function for the firm, provided that the firm nevertheless selected and directly manages their work, but excluding any employee of an independent contractor, or anyone whom the firm leases or contracts out to another business;
Located anywhere inside the enterprise zone in terms of where they spend at least 75 percent of their time on the job, as well as official work site.
Excludes positions or persons who are employed or performing work:
In temporary or seasonal jobs;
For 32 or fewer hours per week;
Solely in the construction, modification or installation of qualified property;
Regularly outside the zone boundary;
With ineligible operations at least half of their time; or
At any other business firm, including but not limited to affiliates or commonly owned companies.
Consistent with subsection (2) of this rule, only full-time jobs with the firm that are filled indefinitely and exist year-round at the firm’s eligible operations inside the zone are normally counted. The following are exceptions:
Only employees who work at the particular headquarter-type facility are relevant in the case of OAR 123-674-1700 (Headquarter Facilities), irrespective of other eligible employees inside the zone and paragraph (2)(a)(C) of this rule, and such employees may perform professional services or other normally ineligible activities regardless of paragraphs (2)(a)(B) and (b)(E);
Only newly created jobs may satisfy required increases in employment levels, as opposed to any employee associated with the merger or acquisition of another business firm or of its existing operations or property, except positions inside the zone that were vacant for 60 or more days at the time of Application, and for whom rehiring or reemployment was otherwise unlikely.
“Person” may mean two or more part-time employees who together perform a single job involving more than 32 hours of work per week by virtue of an established (job-sharing) arrangement.
“32 hours per week” is computed by taking the total number of hours over the course of a year, for which the person is remunerated in the form of wage or salary, excluding holidays, vacation and other paid leave, and dividing by 52.
“Temporary or seasonal jobs” are nonpermanent positions, including but not limited to persons recruited and receiving compensation through the firm or an outside agency on a short-term, ad hoc or as-needed basis, or where the firm hires, leases or contractually employs a persons for a period expected to be less than 12 consecutive months.