Current through Register Vol. 63, No. 9, September 1, 2024
(1)
"Agricultural labor"
(a) Except as provided in
subsection (c) of this section, "agricultural labor" means service on a farm in
connection with the production, raising, or harvesting of any agricultural or
horticultural commodity, includes farming in all its branches, and, among other
things, also includes:
(A) Cultivating and
tillage of the soil;
(B)
Dairying;
(C) Raising, shearing,
feeding, caring for, training, and management of livestock, bees, fur-bearing
animals, wildlife, and poultry; and
(D) Practices performed by a farmer or on a
farm as an incident to or in conjunction with such farming operations,
management, conservation, and improvement or maintenance of such farm and its
tools and equipment, including preparation for market, delivery to storage or
to market, or to carriers for transportation to market; and
(b) "Agricultural labor" includes
all services performed in the employ of the operator or group of operators of a
farm or farms (or a cooperative organization of which such operator or
operators are members) in handling, planting, drying, packing, packaging,
processing, freezing, grading, storing, or delivering to storage or to market
or to a carrier for transportation to market, in its unmanufactured state, any
agricultural or horticultural commodity, but only if such operator or group of
operators produced more than one-half of the commodity, as measured by volume,
weight, or other customary means, with respect to which such service is
performed.
(c) "Agricultural labor"
does not include, among other things, processing services that transform an
agricultural commodity from its raw or natural state and services performed
with respect to an agricultural product after it has been transformed from its
raw or natural state.
(d) "Farms,"
as used in this section, includes stock, dairy, poultry, fruit, fur-bearing
animals, Christmas tree and truck farms, plantations, orchards, ranches,
nurseries, ranges, greenhouses or other similar structures used primarily for
the raising of agricultural or horticultural commodities.
(2) "Bonuses," "fees," and "prizes" means an
extra payment given by an employer in consideration of performance, production,
or a share of profits.
(3)
"Domestic service"
(a) Except as provided in
subsection (b) of this section, "domestic service" means general services of a
household nature performed by an employee in or about a private home (permanent
or temporary) of the person by whom the employee is employed. The term
includes, but is not limited to, services performed as cooks,
waiters/waitresses, butlers, housekeepers, child monitors, general house
workers, personal attendants, baby-sitters, janitors, launderers, caretakers,
gardeners, grooms, and chauffeurs of automobiles for family use.
(b) "Domestic service" does not include work
performed by:
(A) A parent or spouse of the
employer;
(B) A child of the
employer who is under 26 years of age;
(C) Students who regularly attend elementary
or secondary school during the day;
(D) Children, other than children of the
employer, who are under 14 years of age;
(E) Children under 18 years of age who
provide babysitting services and persons who provide babysitting on a casual
basis;
(F) Persons who perform
casual labor in private homes or the maintenance of private homes or their
premises, including but not limited to yard work, washing windows, and
shoveling snow;
(G) Individuals
employed by organizations licensed as required by ORS
443.015 or
443.315;
(H) Individuals performing companionship
services exempt from the provisions of the Fair Labor Standards Act of 1938
(29 U.S.C
201 et seq.);
(I) Persons who perform house sitting duties
that do not involve domestic service;
(J) Persons who provide domestic service in
exchange for an in-kind good or service; and
(K) Services of those not of a household
nature, such as services performed as a private secretary, tutor, nurse, or
certified nursing assistant, even though performed in the employer's private
home.
(4)
"Employing unit" has the same definition as "employer" as provided by ORS
657B.010(14).
(5) "Employment" means any service performed
by an employee for an employer for remuneration or under any contract of hire,
written or oral, expressed, or implied.
(6) "Holiday" means any of the holidays
listed in ORS 187.010(1)(b)-(k) and
(2),
187.020 and any holiday
designated by the employer, union contract, or otherwise.
(7) "Holiday pay" means any remuneration that
an employer pays an employee for a holiday, including, but not limited to, full
or partial paid time off or additional pay for work on a holiday.
(8) "Paid time off" means compensated time
away from work provided by an employer that the employee can choose to use for
any reason, including, but not limited to, vacation, sickness, and personal
time.
(9) "Private home," as used
in section (3) of this rule, means a fixed place of abode of an individual
household. A separate and distinct dwelling unit maintained by a household in
an apartment, house, hotel, or other similar establishment may constitute a
private home, provided it is a place in which a person resides with the
intention of residence or has so resided with the intention of returning. If a
dwelling unit of an individual or family is used primarily as a boarding house
for the purpose of supplying lodging to the public as a business enterprise,
only that portion of the premises occupied by the individual or family may be
considered a private home for the purposes of this rule.
(10) "Sick pay" means remuneration paid by an
employer to an employee for time away from work due to sickness, unless
excluded as a fringe benefit under ORS
657.115.
(11) "Stand-by pay" means remuneration paid
by an employer to an employee who is required to be immediately available for
work.
(12) "Vacation pay" means
remuneration paid by an employer to an employee for time away from work
provided by an employer to an employee to use for any reason the employee
chooses but does not include leave for sick pay, compensatory time, holiday, or
other special leave.
Statutory/Other Authority: ORS
657B.340
Statutes/Other Implemented: ORS
657B.010
