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The Oregon Administrative Rules contain OARs filed through April 15, 2009 BUREAU OF LABOR AND INDUSTRIES DIVISION 20 WAGES Procedural Rules 839-020-0004 Definitions: (20) "Hours worked" means all hours for which an employee is employed by and required to give to the employer and includes all time during which an employee is necessarily required to be on the employer's premises, on duty or at a prescribed work place and all time the employee is suffered or permitted to work. "Hours worked" includes "work time" as defined in ORS 653.010(11).

ORS 653.010(11): “Work time” includes both time worked and time of authorized attendance. [1967 c.596 §2; 1979 c.153 §2; 1983 c.274 §1; 1985 c.99 §1; 1985 c.170 §1; 1989 c.446 §1; 1991 c.829 §2; 1993 c.739 §24; 2003 c.14 §398].

(25) "Primary duty" means, as a general rule, the major part, or over 50 percent, of an employee's time. However, a determination of whether an employee has management as the employee's primary duty must be based on all the facts of a particular case. Time alone is not the sole test and in situations where the employee does not spend over 50 percent of the employee's time in managerial duties, the employee might have management as a primary duty if other pertinent factors support such a conclusion. Factors to be considered include, but are not limited to, the relative importance of the managerial duties as compared with other duties, the frequency with which the employee exercises discretionary powers, the relative freedom from supervision and the relationship between the salary paid the employee and wages paid other employees for the kind of non-exempt work performed by the supervisor.

(29) "Salary" means a predetermined amount constituting all or part of the employee's compensation paid for each pay period of one week or longer (but not to exceed one month) and in no instance will be any amount less than required to be paid pursuant to ORS 653.025.

ORS 653.010(9) “Salary” means no less than the wage set pursuant to ORS 653.025, multiplied by 2,080 hours per year, then divided by 12 months.

ORS 653.025 Minimum wage rate. (1) Except as provided by ORS 652.020 and the rules of the Commissioner of the Bureau of Labor and Industries issued under ORS 653.030 and 653.261, for each hour of work time that the employee is gainfully employed, no employer shall employ or agree to employ any employee at wages computed at a rate lower than:

     (a) For calendar year 1997, $5.50
     (b) For calendar year 1998, $6.00
     (c) For calendar years after December 31, 1998, and before January 1, 2003, $6.50.
     (d) For calendar year 2003, $6.90.
     (e) For calendar years after 2003, a rate adjusted for inflation.

(2)(a) The Oregon minimum wage shall be adjusted annually for inflation, as provided in paragraph (b) of this subsection.

     (b) No later than September 30 of each year, beginning in calendar year 2003, the commissioner shall calculate an adjustment of the wage amount specified in subsection (1) of this section based upon the increase (if any) from August of the preceding year to August of the year in which the calculation is made in the U.S. City Average Consumer Price Index for All Urban Consumers for All Items as prepared by the Bureau of Labor Statistics of the United States Department of Labor or its successor.
     (c) The wage amount established under this subsection shall:
     (A) Be rounded to the nearest five cents; and
     (B) Become effective as the new Oregon minimum wage, replacing the dollar figure specified in subsection (1) of this section, on January 1 of the following year. [1967 c.596 §4; 1973 c.403 §3; 1975 c.504 §1; 1979 c.832 §1; 1979 c.886 §1; 1985 c.99 §2; 1985 c.161 §1; 1989 c.446 §4; 1997 c.1 §1; 2003 c.2 §1]

(30) "Salary basis" means a salary as defined in section (29) of this rule, which is not subject to deduction because of lack of work for part of a work week, however, deductions for absences of one day or more may be made if the employee is absent for other reasons. Deductions may not be made for absences of less than one day, except as permitted for employers covered by the federal Family and Medical Leave Act of 1993, Public Law 103-3, for part-day absences due to leave pursuant to that law. Employees who are not paid for workweeks in which they performed no work are considered to be on a salary basis provided they are paid on a salary basis in workweeks when work is performed. (a) Payment of additional compensation is not inconsistent with the salary basis of payment. (b) Compensation paid in the form of fees is not inconsistent with the salary basis of payment, provided the fees paid in each pay period are not less than the amount required to be paid pursuant to ORS 653.025 and meet the requirements for fee payments under the federal Fair Labor Standards Act, as stated in Title 29, Code of Federal Regulations, Part 541.605 and related rules.

839-020-0044 Lectures, Meetings and Training Programs (1) Attendance at lectures, meetings, training programs and similar activities need not be counted as work time if the following four criteria are met: (a) Attendance is outside of the employee's regular working hours; (b) Attendance is voluntary; (c) The course, lecture, or meeting is not directly related to the employee's job; and (d) The employee does not perform any productive work during such attendance. (2) Involuntary attendance: Attendance is not voluntary if it is required by the employer. It is not voluntary in fact, if the employee is given to understand or led to believe that the employee's present working conditions or the continuance of the employee's employment would be adversely affected by non-attendance. (3) Training is directly related to an employee's job if it is designed to make the employee handle the employee's job more effectively as distinguished from training the employee for another job or teaching the employee a new additional skill in the same job. (4) Independent training is time spent by the employee on the employee's own initiative attending an independent school, college, or independent trade school after hours. Time spent in this activity is not considered hours worked for an employer even if the courses are related to the employee's job. (5) Special situations: There are special situations where the time spent in attending lectures, training sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of its employees a program of instruction, which corresponds to courses offered by independent bona fide institutions of learning. Voluntary attendance by an employee at such courses outside of working hours would not be hours worked even if they are directly related to his job, or paid for by the employer. (6) Time spent in an organized program of related, supplemental instruction by employees working under bona fide apprenticeship programs may be excluded from working time if the following criteria are met: (a) The apprentice is employed under a written apprenticeship agreement or program which meets the standards of and is registered with the Bureau of Labor and Industries, Apprenticeship and Training Division; and (b) Such time does not involve productive work or performance of the apprentice's regular duties. If the above criteria are met, the time spent in such related supplemental training will not be counted as hours worked unless the written agreement specifically provides that it is hours worked. The mere payment or agreement to pay for time spent in related instruction does not constitute an agreement that such time is hours worked. (7) Time spent in required training outside regular working hours at specialized or follow up training which is required for certification of employees by any law or ordinance does not constitute compensable hours of work. The time spent in training as provided in this subsection is not compensable, even if all or part of the cost of training is borne by the employer. Stat. Auth.: ORS 653 Stats. Implemented: ORS 653 Hist.: BL 1-1990, f. 2-27-90, cert. ef. 2-28-90; BL 9-1996, f. & cert. ef. 10-8-96; BLI 1-2002, f. & cert. ef. 1-9-02

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