OAR 839-008-0000

As used in ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) and these rules:
(1) “Benefits” means:
(a) The rate of contribution, beyond what is required by federal, state or local law, that an employer makes irrevocably to a trustee or to a third person under a plan, fund or program including, but not limited to, those described under subsection (b) of this section; or
(b) The rate of costs to the employer in providing benefits to an employee, beyond what is required by federal, state or local law, pursuant to an enforceable commitment to carry out a financially responsible plan or program which is committed to the employee affected, including, but not limited to, the following:
(A) Medical or hospital care;
(B) Pensions on retirement or death;
(C) Compensation for injuries or illness resulting from occupational activity;
(D) Insurance to provide any of the benefits provided in paragraphs (A) through (C) of this subsection;
(E) Unemployment benefits;
(F) Life insurance;
(G) Disability insurance;
(H) Sick leave pay;
(I) Accident insurance;
(J) Vacation or holiday pay; or
(K) Defraying costs of other bona fide fringe benefits. Other bona fide fringe benefits do not include reimbursement to workers for meals, lodging or other travel expenses.
(2) “Bonus” means an amount that is paid or something of monetary or quantifiable value that is given to an employee by an employer in addition to the employee’s regular rate of pay, typically as a means of encouragement or in recognition of superior performance. Bonuses include, but are not limited to, the following:
(a) Signing or job acceptance bonuses;
(b) Attendance bonuses;
(c) Retention or longevity bonuses;
(d) Performance bonuses; and
(e) Productivity bonuses.
(3)(a) “Compensation” includes wages, salary, bonuses, benefits, fringe benefits and equity-based compensation.
(b) Compensation does not include tips or reimbursement for any actual costs incurred including, but not limited to, relocation reimbursements, mileage, and out-of-pocket expenses.
(4) “Employee” means any individual who, otherwise than as a copartner of the employer, as an independent contractor or as a participant in a work training program administered under the state or federal assistance laws, renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, when services are rendered only partly in this state, an individual is not an employee unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.
(5)(a) “Employer” means any person employing one or more employees, including the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.
(b) “Employer” does not include the federal government.
(6) “Equal-pay analysis” means an evaluation process to assess and correct wage disparities among employees who perform work of comparable character.
(7)(a) “Equity-based compensation” means non-cash payments that represent ownership, membership interests or opportunity for investment in the employer’s business and may include, but is not limited to, restricted stock awards, stock options, employee stock purchase plans, stock appreciation rights and other similar compensation schemes.
(b) “Equity-based compensation” does not include a one-time buyout.
(8) “Fringe benefits” means benefits as described in section (1) of this rule.
(9) “Protected class” means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
(10) “Rate” with reference to wages means:
(a) The basis of compensation for services by an employee for an employer; and
(b) Compensation based on the time spent in the performance of the services, on the number of operations accomplished or on the quantity produced or handled.
(11) “Salary” has the meaning provided in OAR 839-020-0004 (Definitions Generally)(29) and means a predetermined amount constituting all or part of the employee’s compensation paid for each pay period of one week or longer (but not to exceed one month). The predetermined amount may not be any amount less than the equivalent of a monthly salary calculated by multiplying the wage set pursuant to ORS 653.025 (Minimum wage rate) by 2,080 hours per year, then dividing by 12 months.
(12) “Sexual orientation” has the meaning given that term in ORS 174.100 (Definitions) and means an individual’s actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual’s gender identity, appearance, expression or behavior differs from that traditionally associated with the individual’s sex at birth.
(13) “Unpaid wages” means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) to be paid to the employee.
(14) “Veteran status” means an individual is a veteran as defined in ORS 408.225 (Definitions for ORS 408.225 to 408.237).
(15) “Wages” means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person or paid in cash or any medium other than cash.
(16) “Working conditions” includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee, as those terms are defined in OAR 839-008-0010 (Work of Comparable Character).
(17) “Work of comparable character” means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title, as defined in OAR 839-008-0010 (Work of Comparable Character).
Last Updated

Jun. 8, 2021

Rule 839-008-0000’s source at or​.us