OAR 839-001-0100
Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

As used in ORS 652.010 (Declaration of public policy concerning maximum working hours in certain industries) to 652.030 (Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states) and in OAR 839-001-0100 (Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments) to 839-001-0200 (Deductions for Garnishment Processing Fee), unless the context requires otherwise:
(1) “Administrative duties” means office or non-manual work directly related to the employer’s management policies or general business operations.
(2) “Agent of the Employer” includes any person acting as the employer’s agent for purposes of assigning work, assigning hours of work, or authorizing overtime payments to employees.
(3) “Bureau” means the Bureau of Labor and Industries of the State of Oregon.
(4) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.
(5) “Day” or “Day of 24 Hours” means any time period of 24 consecutive hours as determined by the employer.
(6) “Direct processing of goods” means the use of machinery in the production of manufactured goods.
(7) “Employ” includes to suffer or permit to work.
(8) “Employed in” refers to employment of employees in the actual place specified in ORS 652.010 (Declaration of public policy concerning maximum working hours in certain industries) to 652.030 (Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states). Employees who are not performing duties in the named places are not “employed in” those places.
(9) “Employee” means any individual employed by an employer.
(10) “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee.
(11) “Factory” means a building or set of buildings with facilities for manufacturing; the seat of some kind of production. “Factory” in the context used in these rules is a “manufacturing establishment”.
(12) “Finished Forest Products” means a forest product ready for sale to a wholesaler or retailer of finished products.
(13) “Machinery” means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.
(14) “Manufacturing” means the process of using machinery to transform materials, substances or components into new products.
(15) “Manufacturing establishment” means an establishment engaged in manufacturing.
(16) “Mill” means a building or collection of buildings with machines for manufacturing. “Mills” in the context used in these rules are “manufacturing establishments”.
(17) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish.
(18) “Primary Duty” means duties the employee is engaged in over 50 percent of the time the employee is employed in any workweek.
(19) “Undue hardship period” means the period of time during which a perishable product must be processed after harvesting, slaughter or catch.
(20) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

Source: Rule 839-001-0100 — Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-001-0100.

839‑001‑0000
Notice of Proposed Rule 839‑001‑0100
Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0125
Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0127
Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0130
Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0140
Determination of the Day 839‑001‑0143
Failure to Establish a Workweek 839‑001‑0145
Determination of Employees “Employed in” a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0147
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑001‑0148
Undue Hardship Notices and Employee’s Written Consent 839‑001‑0150
Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay 839‑001‑0153
Violations Separate and Distinct 839‑001‑0155
Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed 839‑001‑0160
Schedule of Civil Penalties for Violations of ORS 652.020 839‑001‑0200
Deductions for Garnishment Processing Fee 839‑001‑0250
Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave 839‑001‑0300
Liability of Employer for Issuance of Dishonored Check in Payment of Wages 839‑001‑0410
Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment 839‑001‑0420
Payment of Wages at Termination of Employment 839‑001‑0430
When Layoff is Considered Termination of Employment 839‑001‑0440
Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers 839‑001‑0450
Forwarding Wages and Direct Deposit of Wages at Termination of Employment 839‑001‑0460
Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies 839‑001‑0470
Penalty for Failure to Pay Wages on Termination of Employment 839‑001‑0490
Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis 839‑001‑0495
Violations Separate and Distinct 839‑001‑0496
Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages 839‑001‑0500
Definitions for Wage Security Fund Regulations 839‑001‑0510
Eligibility for Wage Payment from the Wage Security Fund 839‑001‑0515
Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund 839‑001‑0520
Amount of Claim to Be Paid from the Wage Security Fund 839‑001‑0525
Priority of Payments from the Wage Security Fund 839‑001‑0530
Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available 839‑001‑0550
Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund 839‑001‑0560
Recovery from Employers When Sums Paid from the Wage Security Fund 839‑001‑0700
Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage 839‑001‑0710
Effective Dates for Civil Penalty Provisions 839‑001‑0720
Notification of Termination of Group Health Insurance Policy 839‑001‑0730
Records to Be Kept/Availability of Records 839‑001‑0740
Employee Notification Form for Termination of Group Health Insurance Coverage 839‑001‑0760
Violations Separate and Distinct 839‑001‑0770
Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed 839‑001‑0780
Criteria for Determining a Civil Penalty 839‑001‑0790
Schedule of Civil Penalties for Violation of ORS 652.710(1) 839‑001‑0800
Schedule of Civil Penalties for Violation of ORS 652.710(3)
Last Updated

Jun. 8, 2021

Rule 839-001-0100’s source at or​.us