OAR 839-020-0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants

As used in OL Ch. 685 (2017), ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants) and OAR 839-020-0400 (Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants) to 839-020-0420 (Undue Hardship Notices and Employee’s Written Consent), unless the context requires otherwise:
(1) “Administrative duties” means office or non-manual work directly related to the employer’s management policies or general business operations.
(2) “Cannery” means an establishment for the canning or preservation of food products to prevent spoilage.
(3) “Day” means any time period of 24 consecutive hours as determined by the employer.
(4) “Drier” means an establishment in which food products are preserved through the removal of moisture.
(5) “Employed in” refers to employment of employees in the actual place specified in ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants). Employees who are not performing duties in the named places are not “employed in” those places.
(6) “Employee” means any individual employed by an employer.
(7) “Employer” includes any person acting directly or indirectly in the interest of an employer in relation to an employee.
(8) “Engaged in the direct processing of goods” means to perform duties directly related to the canning, drying, packing, or preservation of food products.
(9) “Packing plant” means an establishment for the processing and packing of food products, including the packing of meat.
(10) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish.
(11) “Undue hardship period” means the period of time during which a perishable product must be processed after harvesting, slaughter or catch.
(12) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

Source: Rule 839-020-0400 — Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0400.

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 839-020-0400’s source at or​.us