Or. Admin. R. 839-020-0040

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-020-0040 - Hours Worked - Generally

(1) OAR 839-020-0040 to 839-020-0047 deals with hours worked as defined by OAR 839-020-0004(19) and discusses principles involved in determining what constitutes working time for purposes of ORS 653.010 to 653.261 and these rules.

(2) Work requested or required is considered work time. Work not requested, but suffered or permitted is considered work time.

(3) Work performed for the employer but away from the employer's premises or job site is considered work time. If the employer knows or has reason to believe that work is being performed, the time spent must be counted as hours worked.

(4) It is the duty of the employer to exercise control and see that the work is not performed if it does not want the work to be performed. The mere promulgation of a policy against such work is not enough.

Or. Admin. R. 839-020-0040

BL 1-1990, f. 2-27-90, cert. ef. 2-28-90; BL 10-1990, f. & cert. ef. 7-26-90; BLI 1-2002, f. & cert. ef. 1-9-02; BLI 8-2013, f. 12-18-13, cert. ef. 1-1-14

Stat. Auth.: ORS 651.060(4) & 653.040

Stats. Implemented: 2013 SB 135, ORS 653.010 - 653.261