OAR 839-001-0125
Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments

(1) The following employees are exempt from the provisions of ORS 652.020 (Maximum working hours in certain industries):
(a) Any employee whose primary duty is that of a member of a logging train crew;
(b) Any employee whose primary duty is that of a guard (performing duties such as firewatch or security);
(c) Any employee whose primary duty is that of a boiler operator;
(d) Any employee who is engaged regularly in the transportation of other employees to and from work;
(e) Any employee whose primary duty is that of making necessary repairs. This includes employees conducting maintenance on buildings, equipment or machinery;
(f) Any employee engaged in emergency work pursuant to section (2) of this rule;
(g) Any employee whose primary duty is that of cleaning, guarding, repairing and otherwise caring for the living quarters and immediate surrounding areas of other employees;
(h) Any employee whose primary duty is that of feeding, grooming, guarding or otherwise caring for livestock by, among other things, cleaning and repairing the areas in which the livestock is kept;
(i) Any employee whose primary duty is to be employed in mess halls where meals are served to other employees. This would include any and all employment necessary to conduct the mess hall operations;
(j) Any employee whose primary duty is that of supervising and directing work. This includes supervisors, managers, and persons who are temporarily acting in these capacities in the absence of the named employees;
(k) Any employee whose primary duty is the loading and removal of finished forest products. This includes employees engaged in shipping or otherwise removing the final finished forest product from the establishment’s premises. This applies to finished products only and not to products shipped for further processing at another location;
(l) Any employee whose principal duties are administrative in nature; or
(m) Any employee who is not engaged in the direct processing of goods in the usual course of the employee’s duties.
(2) Employees engaged in activities under emergency situations are only exempt when the emergency puts life or property in imminent danger. In order to be exempt, therefore, employees must be employed in an emergency situation which threatens to harm or destroy life or property. When the normal production process is interrupted by a breakdown of machinery or unexpected absences of employees, life and property are not normally threatened with harm or destruction. For this reason, the exemption is not applicable to normal routine operational occurrences.
(3) Employees who are party to a collective bargaining agreement are not subject to ORS 652.020 (Maximum working hours in certain industries), provided that:
(a) The agreement is in effect at the employee’s work site;
(b) The agreement contains a provision which limits the employee’s required hours of work; and
(c) The agreement contains a provision for the payment of overtime hours of work.
(4) Except as provided in section (5) of this rule, employees who are party to a collective bargaining agreement which, for any reasons, was not renewed, extended or not otherwise in force are not subject to ORS 652.020 (Maximum working hours in certain industries), provided that:
(a) The agreement was in effect at the employee’s work site;
(b) The limits on the employee’s required hours of work continue as if the agreement were still in effect; and
(c) The payment of overtime continues as if the agreement were still in effect.
(5) Section (4) of this rule does not apply under the following circumstances:
(a) Employees who are party to the collective bargaining agreement are locked out;
(b) Employees who are party to the collective bargaining agreement are engaged in a strike; or
(c) The employer has unilaterally implemented new terms and conditions of employment.

Source: Rule 839-001-0125 — Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-001-0125.

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 839-001-0125’s source at or​.us