Or. Admin. R. 839-020-0043

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

Section 839-020-0043 - Preparatory and Concluding Activities

(1) Preparatory and concluding activities are considered hours worked if the activities performed by the employee are an integral and indispensable part of a principal activity for which the employee is employed:

(a) Example: A bank teller counts the till and arranges the work space in preparation for receiving customers. This activity is an integral and indispensable part of the principal activity for which the employee is employed and is included as hours worked;

(b) Example: In connection with the operation of a lathe, the lathe operator oils, greases, or cleans the machine or installs a new cutting tool. Such activities are an integral and indispensable part of a principal activity and are included as hours worked;

(c) Example: Agricultural workers must dress in protective clothing and thoroughly clean up after their work with or around pesticides. The time spent in these activities is work time.

(2) These rules are applicable even where there exists a custom, contract or agreement not to pay for the time spent in such activity.

(3) Where a contract, custom or practice dictates certain activities to be considered as work time, even though not considered to be an integral and indispensable part of a principal activity, the time devoted to such activities will be considered as work time.

Or. Admin. R. 839-020-0043

BL 1-1990, f. 2-27-90, cert. ef. 2-28-90; BLI 1-2002, f. & cert. ef. 1-9-02

Stat. Auth.: ORS 653

Stats. Implemented: ORS 653.010 -- ORS 653.261