Or. Admin. R. 839-001-0410

Current through Register Vol. 63, No. 5, May 1, 2024

Section 839-001-0410 - Definitions

As used in ORS 652.140 to 652.165 and in OAR 839-001-0410 to 839-001-0480, unless the context requires otherwise;

(1) "Business day" includes Monday through Friday, exclusive of state holidays as provided in ORS 187.010, in which the business operations of the employer is conducted.

(2) "Seasonal farmworker" means any person who, for an agreed remuneration or rate of pay, performs temporary labor for another to work in the production of farm products or planting, cultivating or harvesting of seasonal agricultural crops or in the forestation or reforestation of lands, including but not limited to, the planting, transplanting, tubing, pre-commercial thinning

and thinning of trees and seedlings, the clearing, piling and disposal of brush and slash and other related activities.

(3) "Seasonal reforestation worker" means "seasonal farmworker" as defined in subsection (2) of this rule.

(4) "Willfully," as used in ORS 652.150, means that which is done or omitted is done or omitted intentionally. When a person knows what the person is doing, intends to do what the person is doing and is a free agent, the person is acting willfully. An act or omission is willful even if the person did not know the act or omission was a violation of ORS 652.140 or 652.145.

(5) "Wages" means all compensation for performance of service by an employee for an employer whether paid by the employer or another person. Wages include the cash value of all compensation paid in any medium other than cash and all compensation owed an employee by an employer.

Or. Admin. R. 839-001-0410

BL 9-1996, f. & cert. ef. 10-8-96; BLI 1-2002, f. & cert. ef. 1-9-02

Stat. Auth.: ORS 652.165

Stats. Implemented: ORS 652.140 - ORS 652.160