Or. Admin. R. 839-001-0500 - Definitions for Wage Security Fund Regulations

As used in OAR 839-001-0500 to 839-001-0560 unless the context requires otherwise:

(1) "Assets" include real and personal property of whatsoever nature, excluding such property which the employer has a right to claim exempt.

(2) "Bureau" means Bureau of Labor and Industries.

(3) "Commissioner" means the Commissioner of the Bureau of Labor and Industries.

(4) "Division" means the Wage and Hour Division of the Bureau of Labor and Industries.

(5) "Employee" has the same meaning given it in ORS 652.310(2), except "employee" does not include a principal officer or director of a corporation who is also a stockholder.

(6) "Employer" has the same meaning given it in ORS 652.310(1).

(7) "Final Order" means final agency action expressed in writing as required by OAR 839-050-0420 or OAR 839-050-0430.

(8) "Fringe Benefits" means the amount of compensation which accompanies or is in addition to a person's regular salary or wages and includes, but is not limited to, payment for profit sharing plans, retirement or pension plans, insurance, sick leave, holidays, severance, or vacation.

(9) "Fund" means the Wage Security Fund established by ORS 652.409(1); income earned on moneys in the Wage Security Fund, as provided for in 652.409(1); amounts recovered by the Commissioner on wage claims paid out of the "Fund"; and amounts of eligible wage claim payments which are disallowed because of the inability to locate the wage claimant.

(10) "Judgment" has the definition set forth in ORS 18.005.

(11) "Promptly," as used in OAR 839-001-0500 to 839-001-0560, means the next regular payday established by the employer, or 35 days from the last payday, whichever is sooner.

(12) "Successor" means one who follows an employer in ownership or control of a business so far as such employer has not paid employees in full. A successor employer may be any successor to the business of any employer, or any lessee or purchaser of any employer's business property for the continuation of the same business.

(13) "Wage Claim" has the same meaning given it in ORS 652.320(7). However, in the case of claims against the Fund, "wage claim" refers to actual wages earned only. It does not include any other item of compensation considered to be a fringe benefit, nor does it include any damages, civil penalties or interest otherwise provided by law.

Notes

Or. Admin. R. 839-001-0500

BL 5-1986, f. 6-20-86, ef. 7-1-86; BL 8-1989, f. & cert. ef. 10-12-89; BL 9-1996, f. & cert. ef. 10-8-96; BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022; BLI 1-2022, amend filed 03/21/2022, effective 4/1/2022

Statutory/Other Authority: ORS 652.414(6) & ORS 652.414

Statutes/Other Implemented: House Bill 2818, 2021