Or. Admin. R. 839-020-0115

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

Section 839-020-0115 - Relationship of State and Federal Law

(1) The Bureau of Labor and Industries has been informed and has reason to believe that there exists confusion and uncertainty on the part of employers concerning the inter-relationship of the Federal Fair Labor Standards Act and the regulations adopted pursuant thereto and the State Minimum Wage Law and the administrative rules adopted thereunder.

(2) The purpose of this rule, therefore, is to inform employers of the proper application of the law and to direct them to authoritative sources in cases of doubt.

(3) Employers who are required to comply with the state and federal laws, regulations and rules referred to in section (1) of this rule are required to comply with all standards set by those laws, regulations and rules. When one set of standards differs from the other, the standards most advantageous to employees must be met. For example, when the state minimum wage requires a higher hourly rate to be paid than the federal minimum wage rate, the state rate must be paid. By paying the higher rate, the employer complies with both standards. Another example is when the employer may qualify for an exemption under the state law but not the federal law. In this case, the employer is required to comply with the federal law.

(4) Employers may contact the Employer Assistance Unit of the Bureau of Labor and Industries, for more information on specific fact situations.

(5) The purpose of this rule is stated in section (2) of this rule. The rule should not be interpreted to mean anything other than this stated purpose.

Or. Admin. R. 839-020-0115

BL 1-1990, f. 2-27-90, cert. ef. 2-28-90; BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04; BLI 1-2024, amend filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 651.060 & ORS 653.261

Statutes/Other Implemented: ORS 653.261