Or. Admin. R. 839-001-0100 - Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments
As used in ORS 652.010 to 652.030 and in OAR 839-001-0100 to 839-001-0200, 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) "Agent of the Employer" includes any
person acting as the employer's agent for purposes of assigning work, assigning
hours of work, or authorizing overtime payments to employees.
(3) "Bureau" means the Bureau of Labor and
Industries of the State of Oregon.
(4) "Commissioner" means the Commissioner of
the Bureau of Labor and Industries.
(5) "Day" or "Day of 24 Hours" means any time
period of 24 consecutive hours as determined by the employer.
(6) "Direct processing of goods" means the
use of machinery in the production of manufactured goods.
(7) "Employ" includes to suffer or permit to
work.
(8) "Employed in" refers to
employment of employees in the actual place specified in ORS
652.010 to
652.030. Employees who are not
performing duties in the named places are not "employed in" those
places.
(9) "Employee" means any
individual employed by an employer.
(10) "Employer" includes any person acting
directly or indirectly in the interest of an employer in relation to an
employee.
(11) "Factory" means a
building or set of buildings with facilities for manufacturing; the seat of
some kind of production. "Factory" in the context used in these rules is a
"manufacturing establishment".
(12)
"Finished Forest Products" means a forest product ready for sale to a
wholesaler or retailer of finished products.
(13) "Machinery" means material-handling
equipment and power-driven machines powered by electricity, nuclear or fossil
fuels, hydroelectric power, geothermal power or another power source other than
by human hand, foot or breath.
(14)
"Manufacturing" means the process of using machinery to transform materials,
substances or components into new products.
(15) "Manufacturing establishment" means an
establishment engaged in manufacturing.
(16) "Mill" means a building or collection of
buildings with machines for manufacturing. "Mills" in the context used in these
rules are "manufacturing establishments".
(17) "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.
(18) "Primary Duty" means duties the employee
is engaged in over 50 percent of the time the employee is employed in any
workweek.
(19) "Undue hardship
period" means the period of time during which a perishable product must be
processed after harvesting, slaughter or catch.
(20) "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.
Notes
Statutory/Other Authority: ORS 651.060(4), ORS 652 & OL Ch. 685 (2017 Laws)
Statutes/Other Implemented: ORS 652.010 - 652.030 & OL Ch. 685 (2017 Laws)
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.