OAR 839-020-0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms

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

(1)

“Executive Employee” means any employee:

(a)

Whose primary duty consists of the management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof. The foregoing language of this paragraph prescribing the primary duty does not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment or who owns at least 20 percent interest in the enterprise in which the employee is employed; and

(b)

Who customarily and regularly directs the work of two or more other employees therein; and

(c)

Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion of any other change of status of other employees will be given particular weight; and

(d)

Who customarily and regularly exercises discretionary powers; and

(e)

Who earns a salary and is paid on a salary basis pursuant to ORS 653.025 (Minimum wage rate) exclusive of board, lodging, or other facilities.

(2)

“Administrative Employee” means any employee:

(a)

Whose primary duty consists of either:

(A)

The performance of office or non-manual work directly related to management policies or general business operations of the employee’s employer or the employer’s customers; or

(B)

The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and

(b)

Who customarily and regularly exercises discretion and independent judgment; and

(c)

Who regularly and directly assists a proprietor, or an employee employed in a bona fide executive or administrative capacity; or

(A)

Who performs under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge, or;

(B)

Who executes under only general supervision special assignments and tasks; and

(d)

Who earns a salary and is paid on a salary basis pursuant to ORS 653.025 (Minimum wage rate) exclusive of board, lodging, or other facilities.

(3)

“Professional Employee” means any employee:

(a)

Whose primary duty consists of the performance of:

(A)

Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes; or

(B)

Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee; or

(C)

Teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and who is employed and engaged in this activity as a teacher in the school system or educational establishment or institution by which the employee is employed; and

(b)

Whose work requires the consistent exercise of discretion and judgment in its performance; and

(c)

Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

(d)

Who earns a salary and is paid on a salary basis pursuant to ORS 653.025 (Minimum wage rate) exclusive of board, lodging, or other facilities.

(4)

“Outside Sales Person” means any employee:

(a)

Who is employed for the purpose of and who is customarily and regularly engaged away from the employer’s place or places of business in:

(A)

Making sales; or

(B)

Obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer; and

(b)

Whose hours of work spent engaged in activities other than those activities described in paragraph (a)(A) or (B) of this section, do not exceed 30 percent of the hours worked in the workweek by non-exempt employees of the employer: Provided, that work performed incidental to and in conjunction with the employee’s own outside sales or solicitations, including incidental deliveries and collections, will not be regarded as non-exempt work.

(5)

“Independent Judgment and Discretion” means the selection of a course of action from a number of possible alternatives after consideration of each, made freely without direction or supervision with respect to matters of significance. It does not include skill exercised in the application of prescribed procedures.

Source: Rule 839-020-0005 — Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0005.

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 839-020-0005’s source at or​.us