Or. Admin. Code § 459-009-0020

Current through Register Vol. 63, No. 12, December 1, 2024

Section 459-009-0020 - Public Employer

(1) A "public employer" shall have the same meaning as that term is given in ORS 238.005 and shall include all public school districts and educational service districts.

(2) The employing entity (public employer) is that entity having the final authority to direct and control an individual in the performance of assigned work or duties. This authority may be active or reserved; expressed or implied. In determining who is the employing entity, the following factors shall be used:

(a) Who has or had the authority to select and engage the employee;

(b) Who has or had the power of dismissal; and

(c) Who has or had the authority and responsibility for directing and/or supervising the individual's work and for controlling the individual's conduct at work.

(3) The source of payment for labor or services is not of itself a controlling factor in deciding the identity of the employer.

Or. Admin. Code § 459-009-0020

PERS 7-1992, f. & cert. ef. 11-9-92; PERS 1-1996, f. & cert. ef. 3-26-96; Renumbered from 459-010-0034; PERS 21-2005, f. & cert. ef. 11-1-05

Stat. Auth.: ORS 238.650

Stats. Implemented: ORS 238.005 & 238.205