Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS
Section 839-020-0011 - Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees
Universal Citation: OR Admin Rules 839-020-0011
Current through Register Vol. 63, No. 9, September 1, 2024
The applicable region and minimum wage rate to be paid to employees pursuant ORS 653.025 and OAR 839-020-0010 shall be determined as follows:
(1) Work performed at a permanent fixed business location of the employer in Oregon.
(a) If an employee performs more than 50% of
the employee's work in a pay period at the employer's permanent fixed business
location in Oregon, the applicable minimum wage rate to be paid to the employee
by the employer shall be determined based on the region in which such business
is located.
(b) If an employee
makes deliveries as a part of the employee's job and starts and ends the
employee's work at the employer's permanent fixed business location, the
minimum rate of wage required to be paid to the employee by the employer is the
applicable rate for the region in which such business is located.
(2) Work performed other than at the employer's permanent fixed business location.
(a) If an employee does not perform more than
50% of the employee's work in a pay period at the employer's permanent fixed
business location in Oregon pursuant to section (1) of this rule, the region in
which the employee performs work is considered to be the employer's location
for purposes of determining the applicable minimum wage rate to be paid. The
employer is required to pay no less than this rate for each hour worked during
the pay period.
(b) In the event an
employee performs work in more than one region in a pay period, the employer
must pay either:
(A) The applicable minimum
rates of wage for each hour worked in each region in which the employee worked;
or
(B) The highest minimum rate of
wage required for any region in which the employee worked for all hours worked
by the employee during the pay period.
(c) If an employee performs work in more than
one region in a pay period, the employer must maintain records of the locations
in which the employee worked unless pursuant to paragraph (b)(B) of this
section, the employer pays the highest rate of wage required for any region in
which the employee worked for all hours worked by the employee during the work
period.
Stat. Auth.: ORS 651.060(4) & 653.040, OL Ch. 012, 2016
Stats. Implemented: OL Ch. 012, 2016 & ORS 653.025
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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