Or. Admin. R. 471-030-0037

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

Section 471-030-0037 - Prevailing Rate of Pay

(1) For the purposes of ORS 657.176(2)(d), and for the purposes of ORS 657.195(1)(b), work is not suitable if the rate of pay is substantially less favorable than the rate prevailing in the locality. A rate of pay is substantially less favorable than the rate prevailing in the locality when the rate of pay is at least ten percent lower than the median rate of pay for similar work in the locality. The median rate of pay prevailing in the locality shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.

(2) In applying the provisions of ORS 657.176(2)(e), and for the purposes of 657.195(1)(b), if inadequate rate of pay was one of the reasons for refusing to accept new work, the work is not suitable if the rate of pay is substantially less favorable than the rate of pay prevailing in the locality. A rate of pay is substantially less favorable than the rate prevailing in the locality when the rate of pay is at least ten percent lower than the median rate of pay for similar work in the locality. The median rate of pay prevailing in the locality shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.

1DE 151, f. 9-28-77, ef. 10-4-77; ED 2-1991, f. & cert. ef. 10-14-91; ED 2-1992, f. & cert. ef. 6-29-92; ED 4-2004, f. 7-30-04, cert. ef. 8-1-04; ED 2-2011(Temp), f. 2-18-11, cert. ef. 3-1-11 thru 8-28-11; ED 6-2011, f. & cert. ef. 8-3-11; ED 14-2018, minor correction filed 01/11/2018, effective 1/11/2018

Statutory/Other Authority: ORS 657.610

Statutes/Other Implemented: ORS 657.176(2)(d), 657.176(2)(e) & 657.195(1)(b)