Or. Admin. R. 839-026-0020

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

Section 839-026-0020 - Good Faith Estimate of Work Schedule

(1) For new employees, the employer shall provide the employee, at the time of hire, with a written good faith estimate of the employee's work schedule. The good faith estimate, which must be provided in the language the employer typically uses to communicate with the employee, shall include the median number of hours as defined in section (3) of this rule the employee can expect to work in an average one-month period, an explanation of any voluntary standby list maintained by the employer pursuant to ORS 653.432, and a statement indicating whether an employee who is not on the voluntary standby list may expect to work on-call shifts and an objective standard for those periods of time in which the employer will expect the employee to be available to work on an on-call basis.

(2) A good faith estimate is a reasonable prediction which may be based on forecasts, prior hours worked by an employee or a similarly-situated employee, or other information. In the case of seasonal or episodic work, a good faith estimate may be based on an employee's work schedule during a previous year.

(3) The median number of hours is the middle number in an odd-numbered sequence or the average of the two middle numbers in an even-numbered sequence (e.g., 4 is the median of 1, 3, 4, 10, 20; 6 is the median of 1, 3, 4, 8, 9, 10). The median number of hours must be a single number, not a range of numbers.

(4) An objective standard is a standard based on factors or criteria that can be measured or demonstrated, such as a reasonable expectation that the volume of work will increase during a particular period of time based on previous experience.

Or. Admin. R. 839-026-0020

BLI 15-2018, adopt filed 06/08/2018, effective 7/1/2018

Statutory/Other Authority: ORS 651.060(4)

Statutes/Other Implemented: ORS 653.412 - 653.485