Or. Admin. R. 839-020-0320

Current through Register Vol. 63, No. 6, June 1, 2024

Section 839-020-0320 - Definitions

As used in ORS 653.268 to 653.269, unless the context requires otherwise:

(1) Employees exempted from overtime because of the executive nature of their employment means employees:

(a) Whose primary duty consists of the management of the public agency in which they are employed or of a customarily recognized department or subdivision thereof; and

(b) Who customarily and regularly direct the work of two or more other employees therein; and

(c) Who have the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring or firing and as to the advancement and promotion or any other change of status of other employees will be given particular weight; and

(d) Who customarily and regularly exercise discretionary powers; and

(e) Who do not devote more than 20 percent, or, in the case of an employee of a retail or service establishment, who does not devote as much as 40 percent of the employee's hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in subsections (a) through (d) of this section: Provided, that this subsection will not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment; and

(f) Who are compensated for their services on a salary basis at a rate of not less than $155 per week, exclusive of board, lodging, or other facilities: Provided, that an employee who is compensated on a salary basis at a rate of not less than $250 per week, exclusive of board, lodging, or other facilities, and whose primary duty consists of the management of the agency in which the employee is employed or of a customarily recognized department or subdivision thereof, and includes the customary and regular direction of the work of two or more other employees therein, will be deemed to meet all the requirements of this section.

(2) Employees exempted from overtime because of the administrative nature of their employment means employees:

(a) Whose primary duty consists of either:

(A) The performance of office or non-manual work directly related to management policies or general business operations of their employer or their employer's customers; or

(B) The performance of functions in the administration of a school system, or educational establishment or institution, or of a department or subdivision thereof, in work directly related to the academic instruction or training carried on therein; and

(b) Who customarily and regularly exercise discretion and independent judgment; and

(c) Who regularly and directly assist an employee employed in an executive or administrative capacity (as such terms are defined in this rule); or

(A) Who perform under only general supervision work along specialized or technical lines requiring special training, experience, or knowledge; or

(B) Who execute under only general supervision special assignments and tasks; and

(d) Who do not devote more than 20 percent, or, in the case of an employee of a retail or service establishment who does not devote as much as 40 percent of the employee's hours worked in the workweek to activities which are not directly and closely related to the performance of the work described in subsections (a) through (c) of this section; and

(e)

(A) Who are compensated for their services on a salary or fee basis at a rate of not less than $155 per week, exclusive of board, lodging, or other facilities; or

(B) Who, in the case of academic administrative personnel, are compensated for services as required by paragraph (e)(A) of this subsection, or on a salary basis which is at least equal to the entrance salary for teachers in the school system, educational establishment, or institution by which employed: Provided, that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging, or other facilities, and whose primary duty consists of the performance of work described in section (a) of this subsection, which includes work requiring the exercise of discretion and independent judgment, will be deemed to meet all the requirements of this section.

(3) Employees exempted from overtime because of the supervisory nature of their employment means employees:

(a) Whose primary duty consists of the management of the enterprise in which they are employed or of a customarily recognized department or subdivision thereof; and

(b) Who customarily and regularly direct the work of two or more other employees therein; and

(d) Who customarily and regularly exercise discretionary powers; and

(e) Who do not devote more than 20 percent, or, in the case of an employee of a retail or service establishment who does not devote as much as 40 percent of the employee's hours of work in the workweek to activities which are not directly and closely related to the performance of the work described in sections (a) through (d) of this section: Provided, that this subsection will not apply in the case of an employee who is in sole charge of an independent establishment or a physically separated branch establishment;

(4) Employees exempted from overtime because of the professional nature of their employment means employees:

(a) Whose primary duty consists of the performance of:

(A) Work requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study, as distinguished from a general academic education and from an apprenticeship, and from training in the performance of routine mental, manual, or physical processes; or

(B) Work that is original and creative in character in a recognized field of artistic endeavor (as opposed to work which can be produced by a person endowed with general manual or intellectual ability and training), and the result of which depends primarily on the invention, imagination, or talent of the employee; or

(C) Teaching, tutoring, instructing, or lecturing in the activity of imparting knowledge and who are employed and engaged in this activity as teachers in the school system or educational establishment or institution by which they are employed; or

(D) Work that requires theoretical and practical application of highly-specialized knowledge in computer systems analysis, programming, and software engineering, and who are employed and engaged in these activities as computer systems analysts, computer programmers, software engineers, or other similarly skilled workers in the computer software field, as provided in OAR 839-020-0350; and

(b) Whose work requires the consistent exercise of discretion and judgment in its performance; and

(c) Whose work is predominantly intellectual and varied in character (as opposed to routine mental, manual, mechanical, or physical work) and is of such character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; and

(d) Who do not devote more than 20 percent of their hours worked in the workweek to activities which are not an essential part of and necessarily incident to the work described in subsections (a) through (c) of this section; and

(e) Who are compensated for services on a salary or fee basis at a rate of not less than $170 per week, exclusive of board, lodging, or other facilities: Provided, that this subsection will not apply in the case of an employee who is the holder of a valid license or certificate permitting the practice of law or medicine or any of their branches and who is actually engaged in the practice thereof, nor in the case of an employee who is the holder of the requisite academic degree for the general practice of medicine and is engaged in an internship or resident program pursuant to the practice of medicine or any of its branches, nor in the case of an employee employed and engaged as a teacher as provided in subsection (a)(C) of this section: Provided further, that an employee who is compensated on a salary or fee basis at a rate of not less than $250 per week, exclusive of board, lodging, or other facilities, and whose primary duty consists of the performance either of work described in subsection (a), (A), or (C) or (D) of this section, which includes work requiring the consistent exercise of discretion and judgment, or of work requiring invention, imagination, or talent in a recognized field of artistic endeavor, shall be deemed to meet all of the requirements of this section: Provided further, that the salary or fee requirements of this paragraph will not apply to an employee engaged in computer-related work within the scope of paragraph (a)(D) of this section and who is compensated on an hourly basis at a rate in excess of $27.63 per hour.

Or. Admin. R. 839-020-0320

BL 8-1997, f. & cert. ef. 11-13-97; BLI 1-2002, f. & cert. ef. 1-9-02

Stat. Auth.: ORS 279.342(5)(a)

Stats. Implemented: ORS 279.342