Or. Admin. Code § 839-020-0015 - Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate

(1) Pursuant to ORS 653.025 and 653.030 the commissioner will consider the employment of specific types of persons or of individual persons themselves at a fixed minimum hourly wage rate lower than the rate required by 653.025, when the commissioner has determined that the application of these requirements would substantially curtail employment opportunities for the specific types of persons or individuals involved. The types of persons for whom a lower rate may be set upon a showing of good cause as set out below are limited to student learners as defined in 653.070.

(2) Rules for the employment at less than the minimum wage:

(a) An employer must submit an application for the payment of a fixed minimum hourly wage rate lower than the rate required by ORS 653.025 on a form provided by the commissioner. The application must specifically identify each student learner for whom the employer seeks to establish the lower rate and must state each and every reason why the employer believes a lower rate should be established. Forms may be obtained from the Bureau of Labor and Industries;

(b) The application form must be signed by the employer, the prospective employee and, if the student learner has a legal guardian or other person legally empowered to act for the student learner, the legal guardian or other person;

(c) The commissioner may require additional information from the employer or prospective employee to verify the conditions or reasons specified in the application;

(d) The commissioner will grant the application only when the commissioner has determined that the application of ORS 653.025 would substantially curtail opportunities for employment of the prospective employee named in the application. The application may be granted under such terms and conditions as the commissioner deems appropriate; and

(e) The commissioner will consider each application on an individual basis and will not grant blanket authorization in advance for a specific type or group of persons.

Notes

Or. Admin. Code § 839-020-0015

BL 1-1987, f. & ef. 1-12-87; BL 10-1990, f. & cert. ef. 7-26-90; BLI 1-2002, f. & cert. ef. 1-9-02; BLI 41-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 17-2023, amend filed 10/05/2023, effective 10/6/2023

Publications referenced are available from the agency.

Statutory/Other Authority: ORS 651.060 & ORS 653.030

Statutes/Other Implemented: ORS 653.030 & ORS 653.033