Or. Admin. Code § 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)
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