OAR 839-020-0230
Limitation on Nonexempt Work


(1)

Employees engaged in fire protection or law enforcement activities as defined in OAR 839-020-0220 (Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities) may also engage in some nonexempt work which is not performed as an incident to or in conjunction with their fire protection or law enforcement activities. For example, firefighters who work for forest conservation agencies may, during slack times, plant trees and perform other conservation activities unrelated to their firefighting duties. The performance of such nonexempt work will not defeat the exemption in ORS 653.269 (Exceptions to ORS 653.268)(3) unless it exceeds 20 percent of the total hours worked by that employee during the workweek or applicable work period. A person who spends more than 20 percent of the person’s working time in nonexempt activities is not considered to be an employee engaged in fire protection or law enforcement activities for purposes of OAR 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) to 839-020-0270 (Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities).

(2)

Public agency fire protection and law enforcement personnel may, at their own option, undertake employment for the same employer on an occasional or sporadic and part-time basis in a different capacity from their regular employment. The performance of such work does not affect the application of the exemption in ORS 653.269 (Exceptions to ORS 653.268)(3) with respect to the regular employment. In addition, the hours of work in the different capacity need not be counted as hours worked for overtime purposes on the regular job, nor are such hours counted in determining the 20 percent limitation for nonexempt work discussed in subsection (1) of this section.

Source: Rule 839-020-0230 — Limitation on Nonexempt Work, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0230.

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 839-020-0230’s source at or​.us