Or. Admin. R. 839-026-0050

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

Section 839-026-0050 - Record Retention Requirements

(1) An employer is required to retain records that document the employer's compliance with ORS 653.412 to 653.485 and these rules for a period of not less than three years. Records may be printed or stored electronically.

(2) Records to be retained by the employer include, but are not limited to:

(a) The written work schedules provided by the employer to employees as required by ORS 653.436(1) and the written work schedules posted as required by ORS 653.436(2);

(b) An employee's written request to change the employee's work schedule after the employer has provided the employee with a written work schedule as required by ORS 653.436;

(c) A copy of the good faith estimate of the employee's work schedule provided to a new employee as required by ORS 653.428;

(d) If, pursuant to ORS 653.432, the employer maintains a voluntary standby list, the employer's notification to the employee about the list and the employee's request or agreement to be included on the list;

(e) If, pursuant to ORS 653.460(2), an employer provides a poster giving notice of the rights described in ORS 653.412 to 653.485 to an employee on an individual basis, a copy of the communication or materials provided to the employee to satisfy the notice requirement or other documentation verifying receipt of the poster by the employee; and,

(f) Documents demonstrating that the employer had just cause to subtract hours from an employee's work schedule for disciplinary reasons as required by ORS 653.455(3)(e). For purposes of this subsection, "just cause" means conduct that is of such a serious nature or extent that reducing the employee's work hours may be considered an appropriate step to correct the behavior.

(3) All records required to be preserved and maintained by these rules shall be made available to the Commissioner or a duly authorized representative of the Commissioner upon request.

Or. Admin. R. 839-026-0050

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