OAR 839-020-0044
Lectures, Meetings and Training Programs


(1)

Attendance at lectures, meetings, training programs and similar activities need not be counted as work time if the following four criteria are met:

(a)

Attendance is outside of the employee’s regular working hours;

(b)

Attendance is voluntary;

(c)

The course, lecture, or meeting is not directly related to the employee’s job; and

(d)

The employee does not perform any productive work during such attendance.

(2)

Involuntary attendance: Attendance is not voluntary if it is required by the employer. It is not voluntary in fact, if the employee is given to understand or led to believe that the employee’s present working conditions or the continuance of the employee’s employment would be adversely affected by non-attendance.

(3)

Training is directly related to an employee’s job if it is designed to make the employee handle the employee’s job more effectively as distinguished from training the employee for another job or teaching the employee a new additional skill in the same job.

(4)

Independent training is time spent by the employee on the employee’s own initiative attending an independent school, college, or independent trade school after hours. Time spent in this activity is not considered hours worked for an employer even if the courses are related to the employee’s job.

(5)

Special situations: There are special situations where the time spent in attending lectures, training sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of its employees a program of instruction, which corresponds to courses offered by independent bona fide institutions of learning. Voluntary attendance by an employee at such courses outside of working hours would not be hours worked even if they are directly related to his job, or paid for by the employer.

(6)

Time spent in an organized program of related, supplemental instruction by employees working under bona fide apprenticeship programs may be excluded from working time if the following criteria are met:

(a)

The apprentice is employed under a written apprenticeship agreement or program which meets the standards of and is registered with the Bureau of Labor and Industries, Apprenticeship and Training Division; and

(b)

Such time does not involve productive work or performance of the apprentice’s regular duties. If the above criteria are met, the time spent in such related supplemental training will not be counted as hours worked unless the written agreement specifically provides that it is hours worked. The mere payment or agreement to pay for time spent in related instruction does not constitute an agreement that such time is hours worked.

(7)

Time spent in required training outside regular working hours at specialized or follow up training which is required for certification of employees by any law or ordinance does not constitute compensable hours of work. The time spent in training as provided in this subsection is not compensable, even if all or part of the cost of training is borne by the employer.

Source: Rule 839-020-0044 — Lectures, Meetings and Training Programs, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0044.

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 839-020-0044’s source at or​.us