OAR 839-020-0042
Sleeping Time and Certain Other Activities

Under certain conditions an employee is considered to be working even though some of the employee’s time is spent sleeping or in certain other activities:

(1)

Less than 24 hours duty: An employee who is required to be on duty for less than 24 hours is working even though the employee is permitted to sleep or engage in other activities when not busy.

(2)

Duty of 24 hours or more: Where an employee is required to be on duty for 24 hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of not more than eight hours from hours worked, provided adequate sleeping facilities are furnished by the employer and the employee can usually enjoy an uninterrupted sleep period. If sleeping period is of more than eight hours, only eight hours will be credited. Where no expressed or implied agreement to the contrary is present, the eight hours of sleeping time and lunch periods constitute hours worked:

(a)

Interruptions of sleep. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the period is interrupted to such an extent that the employee cannot get a reasonable sleep period, the entire period must be counted;

(b)

For purposes of this rule a reasonable night’s sleep is considered sleep time of not less than five continuous hours.

(3)

Employees residing on employers’ premises or working at home: An employee who resides on the employer’s premises on a permanent basis or for extended periods of time is not considered as working all the time the employee is on the premises. Ordinarily, the employee may engage in normal private pursuits and thus have enough time for eating, sleeping, entertaining, and other periods of complete freedom from all duties when the employee may leave the premises for the employee’s own purposes. To determine the exact hours worked, any reasonable agreement of the parties which takes into consideration all of the pertinent facts will be accepted.

(4)

Notwithstanding ORS 653.020 (Excluded employees) and sections (2) and (3) of this rule, an employer must provide a domestic worker who resides in the home of the employer with both at least eight consecutive hours of rest within each 24-hour period and a space with adequate conditions for uninterrupted sleep. For purposes of this section, if the period of rest is interrupted by a call to duty, any time worked during the rest period must be paid at one and one-half times the employee’s base rate regardless of the total number of hours worked in that work week.

Source: Rule 839-020-0042 — Sleeping Time and Certain Other Activities, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0042.

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 839-020-0042’s source at or​.us