Minimum Wages

ORS 653.646
Multiemployer exception

  • mandate to establish sick time policy for home care workers and consumer employed personal support workers


(1)

The requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) do not apply to an employee:

(a)

Whose terms and conditions of employment are covered by a collective bargaining agreement;

(b)

Who is employed through a hiring hall or similar referral system operated by the labor organization or a third party; and

(c)

Whose employment-related benefits are provided by a joint multiemployer-employee trust or benefit plan.

(2)

(a) The Home Care Commission created under ORS 410.602 (Home Care Commission) shall establish a paid sick time policy for consumer employed home care workers and consumer employed personal support workers.

(b)

A policy for paid sick time for consumer employed home care workers and consumer employed personal support workers implemented by the Home Care Commission that allows an eligible home care worker or personal support worker to accrue and use up to 40 hours of paid time off a year, including but not limited to sick time, is deemed to meet the requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) and is exempt from the provisions of ORS 653.601 (Definitions for ORS 653.601 to 653.661) (6), 653.606 (Employee count) (5), 653.611 (Substantially equivalent policies), 653.621 (Minimum use increments), 653.626 (Medical verification) and 653.631 (Accrual amount records).

(3)

As used in this section:

(a)

“Consumer employed home care worker” has the meaning given the term “home care worker” in ORS 410.600 (Definitions for ORS 410.595 to 410.625).

(b)

“Consumer employed personal support worker” has the meaning given the term “personal support worker” in ORS 410.600 (Definitions for ORS 410.595 to 410.625). [2015 c.537 §12; 2018 c.75 §27]
Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdiction to regulate governmental entity's employment of minors, (1979) Vol 39, p 489


Source

Last accessed
Jun. 26, 2021