OAR 839-020-0041
Waiting Time

(1)

On duty (engaged to wait): Where waiting is an integral part of the job, i.e., when the time spent waiting belongs to and is controlled by the employer and the employee is unable to use the time effectively for the employee’s own purposes, that employee will be considered as engaged to wait. All time spent in activity where an employee is engaged to wait will be considered as part of hours worked.

(2)

Off duty (waiting to be engaged): Periods during which an employee is completely relieved from duty and which are long enough to enable the employee to use the time effectively for the employee’s own purposes are not hours worked. The employee is not completely relieved from duty and cannot use the time effectively for the employee’s own purposes unless the employee is told in advance that the employee may leave the job and that the employee will not have to commence work until a specified hour has arrived. Whether the time is long enough to enable the employee to use the time effectively for the employee’s own purposes depends upon all of the facts and circumstances of the case.

(3)

On-call time: An employee who is required to remain on-call on the employer’s premises or so close thereto that the employee cannot use the time effectively for the employee’s own purposes is working while "on-call.” An employee who is not required to remain on the employer’s premises but is merely required to leave word at the employee’s home or with company officials where the employee may be reached is not working while on-call.

Source: Rule 839-020-0041 — Waiting Time, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0041.

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 839-020-0041’s source at or​.us