Or. Admin. Code § 839-015-0130 - Exemptions from Licensing
Unless indicated otherwise within this rule, the following persons are not required to obtain a labor contractor's license:
(1) A farmer or owner or lessee of land
intended to be used for the production of timber dealing with workers or worker
groups only concerning employment in their own operation.
(2) A nursery owner or operator dealing with
workers or worker groups only concerning employment in their own
operations.
(3) A processor of farm
products dealing with workers or worker groups only concerning employment in
their own farm operations.
(4) A
permanent employee of a farmer, nursery owner, or processor of farm products,
or a permanent employee of an owner or lessee of land intended to be used for
the production of timber so long as the employee is engaged solely in
activities which would not require the employer to be licensed if the employer
were performing the activity.
(5) A
person engaged only in the solicitation or recruitment of workers for
agricultural day-haul work and not engaged in arranging for board or lodging
for migrant workers and not performing as an employer of the workers.
(6) A platoon leader.
(7) A leader, or a leader's agent, of an
organization operating as a labor union, provided that the only payment
received from the workers is in the form of membership dues for which the
workers are accorded membership status in the conduct of the affairs of the
organization.
(8) An employee of a
labor contractor except for any employee who:
(a) Recruits, solicits, supplies or employs
workers on behalf of the labor contractor; or
(b) For an agreed remuneration or rate of pay
recruits, solicits, supplies or employs workers to perform labor for any other
person in construction, forestation or reforestation of lands or the production
or harvesting of farm products; or
(c) Recruits, solicits, supplies or employs
workers to gather wild forest products; or
(d) Furnishes board or lodging for such
workers (but cooks employed by the contractor are not required to be licensed
by reason of this sole activity); or
(e) On his or her own behalf bids or submits
prices on contracts offers for those activities or enters into a subcontract
with another for any of those activities.
(9) A crew leader provided that if the crew
leader engages in any activity or receives any compensation with respect to any
worker which exceed the permitted activities or compensation allowed by the
definition in OAR 839-015-0004(8)(a),
the crew leader is not exempt with respect to any activities or
workers.
(10) A person who is
primarily a supplier of on-farm equipment (sheep shearer, potato digger, or
other farm machinery) or cottonwood tree harvesting machines unless the person
also supplies temporary workers other than workers engaged in driving or
maintaining the equipment.
(11) The
advertising media.
(12) Employees
of the Employment Department who are acting within the scope of their
employment.
(13) A person
performing work of a mental, technical, professional or managerial nature as
defined in OAR 839-015-0004(20).
(14) An individual who performs work, other
than recruiting, soliciting, supplying or employing workers to perform labor
for another, or recruiting, soliciting, supplying or employing workers to
gather wild forest products, alone or with only the assistance of the
individuals named in section (15) of this rule.
(15) The spouse, son, daughter, brother,
sister, mother or father of the individuals named in sections (14) and (16) of
this rule.
(16) Individuals who
perform labor in connection with an agreement for the exchange of labor or
services with each other, provided that the work is performed on land owned or
leased by the individuals, and provided further that the labor or services
involved are performed solely by said individuals, their immediate families as
specified in section (15) of this rule, or their permanent employees.
(17) An educational institution which is
recognized as such by the Oregon Department of Education.
(18) An individual who collects tree seed
cones or an individual who buys tree seed cones from other individuals. This
section applies to individuals only and not to persons who are otherwise
defined as labor contractors.
(19)
Persons who recruit, solicit, supply or employ workers to perform labor under a
contract or agreement solely for the following activities, provided that the
person performs no other activities which would require licensing:
(a) Stream or creek debris removal;
(b) Provision of security services;
(c) Any activity which does not have the
primary purpose of construction, performance of janitorial services,
forestation or reforestation of lands, the gathering of wild forest products or
of production or harvesting of farm products.
(20) Persons engaged in logging operations
who would only otherwise be farm or forest labor contractors because they
engage in reforestation activities that are incidental to contracts the primary
purpose of which is the sale of timber, provided that they perform such
incidental reforestation work using their own employees. If the incidental
reforestation activities are carried out using a subcontractor, the
subcontractor is required to be licensed.
(21) A person who performs labor contracting
activity upon real property solely in the execution of a contract for
construction between the person and an owner of the real property upon which
the construction work is to be performed;
(22) A person who performs labor contracting
activity solely to perform construction work related to a building permit
obtained by the person;
(23) A
person who performs labor contracting activity solely with respect to a
construction project for which the person has supplied building materials or
machinery, other than manual tools or hand-operated power tools;
(24) An owner of the real property upon which
work is to be performed who engages in the solicitation or recruitment of
persons to perform construction work on the owner's property;
(25) A labor union;
(26) A local joint apprenticeship committee
formed under ORS 660.135;
(27) For purposes of an exemption to the
construction labor contractor requirements only, a staffing agency, if the
staffing agency:
(a) Currently provides
workers' compensation coverage for all employees as required by ORS
656;
(b) Currently pays employment
and income taxes in accordance with applicable law; and
(c) Has not failed in the previous 36 months
to provide workers' compensation for all employees as required by ORS 656 or to
pay employment or income taxes in accordance with applicable law.
(A) A staffing agency that fails to keep
required records or file required reports or files false reports under wage,
tax or workers' compensation law is not regarded as being in compliance with
workers' compensation and employment or income taxes.
(B) A violation of workers' compensation or
employment or income tax law that has been or is being committed by a staffing
agency will count to disqualify the agency from the exemption regardless of
whether an employee has complained of the violation or the staffing agency has
been previously cited or fined for the violation.
(C) Failure to pay employment taxes on wages
that are owed to employees of the staffing agency is a violation of employment
tax law regardless of whether the wages have been paid to the
employees.
(28)
Any employee of a property services contractor who is licensed under ORS
658.405 to
658.503.
Notes
Statutory/Other Authority: ORS 658.407
Statutes/Other Implemented: ORS 658.405 - 658.503 & OL Ch. 008 (2018)
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