OAR 839-020-0004
Definitions Generally


As used in ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) and these rules, unless the context requires otherwise:

(1)

“Administrator” means the Administrator of the Wage and Hour Division.

(2)

“Adult” means an individual of 18 years of age or more.

(3)

“Adult foster home” means any family home or facility in which residential care is provided in a homelike environment for five or fewer adults who are not related to the provider by blood or marriage.

(4)

“Agriculture” includes farming in all its branches and among other things includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, fur-bearing animals, or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market. “Agricultural employment” is employment in “Agriculture” as herein defined.

(5)

“Bureau” means Bureau of Labor and Industries.

(6)

“Casual basis” as used in ORS 653.020 (Excluded employees)(2) and these rules means employment which is irregular and intermittent and which is not performed by an individual whose vocation is providing domestic services.

(7)

“Child care service person” means an individual who performs child care services in the home of the individual or the child and who during any part of a 24 hour period provides custodial care and protection to infants or children.

(8)

“Commissioner” means the Commissioner of the Bureau of Labor and Industries.

(9)

“Commissions” or “pay on a commission basis” means payment based on a percentage of total sales, or of sales in excess of a specified amount, or on a fixed allowance per unit agreed upon as a measure of accomplishment or on some other formula and may be the sole source of compensation or payment in addition to other compensation.

(10)

“Companionship services”, as used in ORS 653.020 (Excluded employees)(14) and in these rules, means those services which provide fellowship, care and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs. Such services may include household work related to the care of the elderly or infirm person such as meal preparation, bed making, washing of clothes and other similar services. They may also include the performance of general household work: provided, however, that such work is incidental, i.e., does not exceed 20 percent of the total weekly hours worked. Individuals employed in domestic service employment in or about a family home to provide companionship services are not required to be employed by the individual for whom they provide such services. The term “companionship services” does not include services relating to the care and protection of the elderly or infirm which require and are performed by trained personnel, such as a registered or practical nurse. While such trained personnel do not qualify as companions, this fact does not remove them from the category of covered domestic service employees when employed in or about a family home.

(11)

“Division” means the Wage and Hour Division of the Bureau of Labor and Industries.

(12)

“Domestic service” means services of a household nature performed by an employee in or about a family home (permanent or temporary) of the person by whom the employee is employed. The term includes, but is not limited to, employees such as cooks, waiters, butlers, valets, maids, housekeepers, governesses, nurses, janitors, gardeners, and companions to the elderly and infirm.

(13)

“Domicile” means the permanent residence of a person or the place to which that person intends to return even though that person may actually reside elsewhere.

(14)

“Employed on a seasonal basis at”, as used in ORS 653.020 (Excluded employees)(10) and in these rules, means employment that occurs during the time the organized camp provides services to campers at the camp site where campers are located. The term includes employment at the camp site in duties preparatory to the opening or closing of the camp site. The term includes employment during the camping season only and does not include full time, year around employment.

(15)

“Employer” has the same meaning as that in ORS 653.010 (Definitions for ORS 653.010 to 653.261)(3).

(16)

“Fair market value” means an amount not to exceed the retail price customarily paid by the general public for the same or similar meals, lodging or other facilities or services provided to the employee by the employer. In determining the fair market value of meals, lodging and other facilities and services, the bureau will be guided by these rules and by Title 29, CFR Part 531 — Wage Payments under the Fair Labor Standards Act of 1938, where applicable.

(17)

“Family home”, as used in ORS 653.020 (Excluded employees)(2) and this section, means a residence, the purpose of which is to provide an abode for the owner or renter of the residence and family members of the owner or renter. For example, a boarding house or an adult foster care home are not family homes for purposes of ORS 653.020 (Excluded employees)(2) and these rules. However, when casual domestic service work is performed in structures where the owner or renter resides and operates a business, such work may qualify as exempt under ORS 653.020 (Excluded employees)(2) depending upon all the facts of the particular arrangement.

(18)

“Homeworker” means any employee suffered or permitted to produce goods or services for an employer in or about a home, apartment or room in a residence in which that employee or other employees of an employer resides, regardless of the source of the materials used by the homeworker in such production.

(19)

“Hours worked” means all hours for which an employee is employed by and required to give to the employer and includes all time during which an employee is necessarily required to be on the employer’s premises, on duty or at a prescribed work place and all time the employee is suffered or permitted to work. “Hours worked” includes “work time” as defined in ORS 653.010 (Definitions for ORS 653.010 to 653.261)(11).

(20)

“Immediate family” means grandfather, grandmother, father, mother, son, daughter, sister, brother, uncle or aunt.

(21)

“Minimum wage” means the rate of pay prescribed in ORS 653.025 (Minimum wage rate) and 653.030 (Commissioner may prescribe lower rates in certain cases).

(22)

“Minor” means an individual of 17 years of age or less.

(23)

“Organized camp” has the same meaning as that in ORS 653.010 (Definitions for ORS 653.010 to 653.261)(6).

(24)

“Primary duty” means, as a general rule, the major part, or over 50 percent, of an employee’s time. However, a determination of whether an employee has management as the employee’s primary duty must be based on all the facts of a particular case. Time alone is not the sole test and in situations where the employee does not spend over 50 percent of the employee’s time in managerial duties, the employee might have management as a primary duty if other pertinent factors support such a conclusion. Factors to be considered include, but are not limited to, the relative importance of the managerial duties as compared with other duties, the frequency with which the employee exercises discretionary powers, the relative freedom from supervision and the relationship between the salary paid the employee and wages paid other employees for the kind of non-exempt work performed by the supervisor.

(25)

“Primary school” means a learning institution containing any combination of grades Kindergarten - 8 or age level equivalent.

(26)

“Region” means a geographic area for which ORS 653.025 (Minimum wage rate) establishes a minimum rate of wage.

(27)

“Reside” means a personal presence at some place of abode with no present intention of definite and early removal and with the intent to remain for an undetermined period, but not necessarily combined with the intent to stay permanently.

(28)

“Resident manager” means an employee of an adult foster home who is domiciled at the home and who is directly responsible for the care of residents in the home on a day to day basis.

(29)

“Salary” 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.

(30)

“Salary basis” means a salary as defined in section (29) of this rule, which is not subject to deduction because of lack of work for part of a work week, however, deductions for absences of one day or more may be made if the employee is absent for other reasons. Deductions may not be made for absences of less than one day, except as permitted for employers covered by the federal Family and Medical Leave Act of 1993, Public Law 103-3, for part-day absences due to leave pursuant to that law. Employees who are not paid for workweeks in which they performed no work are considered to be on a salary basis provided they are paid on a salary basis in workweeks when work is performed.

(a)

Payment of additional compensation is not inconsistent with the salary basis of payment.

(b)

Compensation paid in the form of fees is not inconsistent with the salary basis of payment, provided the fees paid in each pay period are not less than the amount required to be paid pursuant to ORS 653.025 (Minimum wage rate) and meet the requirements for fee payments under Title 29, Code of Federal Regulations, Part 541.605 and related regulations as amended April 23, 2004.

(31)

“Secondary school” means a learning institution containing any combination of grades 9–12 or age level equivalent and includes those institutions that provide junior high schools which include 9th grade.

(32)

“Violation” means a transgression of any statute or rule, or any part thereof and includes both acts and omissions.

(33)

“Willfully” means knowingly. An action is done knowingly when it is undertaken with actual knowledge of a thing to be done or omitted or action undertaken by a person who should have known the thing to be done or omitted. A person “should have known the thing to be done or omitted” if the person has knowledge of facts or circumstances which, with reasonably diligent inquiry, would place the person on notice of the thing to be done or omitted to be done. A person acts willfully if the person has the means to inform the person’s self but elects not to do so. For purposes of these rules, the employer is presumed to know the requirements of ORS 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions) and these rules.

Source: Rule 839-020-0004 — Definitions Generally, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0004.

839‑020‑0000
Notice of Proposed Rule
839‑020‑0004
Definitions Generally
839‑020‑0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms
839‑020‑0010
Payment of Minimum Wages — Generally
839‑020‑0011
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees
839‑020‑0012
Wage Statements to Be Provided to Employees
839‑020‑0013
Bonuses Provided to Workers in Agriculture
839‑020‑0015
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate
839‑020‑0020
Deductions from the Minimum Wage — Generally
839‑020‑0025
Deductions for Meals, Lodging, Facilities or Other Services
839‑020‑0027
Deductions for Garnishment Processing Fee
839‑020‑0030
Payment of Overtime Wages — Generally
839‑020‑0040
Hours Worked — Generally
839‑020‑0041
Waiting Time
839‑020‑0042
Sleeping Time and Certain Other Activities
839‑020‑0043
Preparatory and Concluding Activities
839‑020‑0044
Lectures, Meetings and Training Programs
839‑020‑0045
Travel Time
839‑020‑0046
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems
839‑020‑0047
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees
839‑020‑0050
Meal and Rest Periods
839‑020‑0051
Rest Periods for Expression of Milk
839‑020‑0052
Leave for Domestic Workers
839‑020‑0060
Weight Lifting
839‑020‑0065
Other Working Conditions
839‑020‑0070
Homework — Generally
839‑020‑0080
General Recordkeeping Requirements
839‑020‑0082
Special Recordkeeping Circumstances
839‑020‑0083
Records Availability
839‑020‑0085
Posting Requirements
839‑020‑0087
Earned Income Tax Credit Notice to Employees
839‑020‑0115
Relationship of State and Federal Law
839‑020‑0125
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act
839‑020‑0130
Overtime Exemption for Public Employees
839‑020‑0135
Overtime Exemption for Agricultural Employees
839‑020‑0150
Exemptions from Minimum Wage and Overtime
839‑020‑0200
Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
839‑020‑0210
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally
839‑020‑0220
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
839‑020‑0230
Limitation on Nonexempt Work
839‑020‑0240
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities
839‑020‑0250
Effect of Training Time
839‑020‑0260
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees
839‑020‑0270
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities
839‑020‑0300
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
839‑020‑0310
Application of OAR 839-020-0300 to 839-020-0350
839‑020‑0320
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
839‑020‑0330
Exception to Salary or Fee Basis
839‑020‑0350
Computer Professionals
839‑020‑0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants
839‑020‑0410
Determination of the Day
839‑020‑0415
Failure to Establish a Workweek
839‑020‑0417
Employee’s Written Consent to Work up to 60 Hours in a Workweek
839‑020‑0420
Undue Hardship Notices and Employee’s Written Consent
839‑020‑1000
Violations Separate and Distinct
839‑020‑1010
Violations for Which a Civil Penalty May Be Assessed
839‑020‑1020
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-0004’s source at or​.us