Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 20 - RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS
Section 839-020-0320 - Definitions
Universal Citation: OR Admin Rules 839-020-0320
Current through Register Vol. 63, No. 9, September 1, 2024
As used in ORS 653.268 to 653.269, unless the context requires otherwise:
(1) Employees exempted from overtime because of the executive nature of their employment means employees:
(a) Whose primary duty
consists of the management of the public agency in which they are employed or
of a customarily recognized department or subdivision thereof; and
(b) Who customarily and regularly direct the
work of two or more other employees therein; and
(c) Who have the authority to hire or fire
other employees or whose suggestions and recommendations as to the hiring or
firing and as to the advancement and promotion or any other change of status of
other employees will be given particular weight; and
(d) Who customarily and regularly exercise
discretionary powers; and
(e) Who
do not devote more than 20 percent, or, in the case of an employee of a retail
or service establishment, who does not devote as much as 40 percent of the
employee's hours of work in the workweek to activities which are not directly
and closely related to the performance of the work described in subsections (a)
through (d) of this section: Provided, that this subsection will not apply in
the case of an employee who is in sole charge of an independent establishment
or a physically separated branch establishment; and
(f) Who are compensated for their services on
a salary basis at a rate of not less than $155 per week, exclusive of board,
lodging, or other facilities: Provided, that an employee who is compensated on
a salary basis at a rate of not less than $250 per week, exclusive of board,
lodging, or other facilities, and whose primary duty consists of the management
of the agency in which the employee is employed or of a customarily recognized
department or subdivision thereof, and includes the customary and regular
direction of the work of two or more other employees therein, will be deemed to
meet all the requirements of this section.
(2) Employees exempted from overtime because of the administrative nature of their employment means employees:
(a) Whose primary duty consists of either:
(A) The performance of office or non-manual
work directly related to management policies or general business operations of
their employer or their employer's customers; or
(B) The performance of functions in the
administration of a school system, or educational establishment or institution,
or of a department or subdivision thereof, in work directly related to the
academic instruction or training carried on therein; and
(b) Who customarily and regularly exercise
discretion and independent judgment; and
(c) Who regularly and directly assist an
employee employed in an executive or administrative capacity (as such terms are
defined in this rule); or
(A) Who perform
under only general supervision work along specialized or technical lines
requiring special training, experience, or knowledge; or
(B) Who execute under only general
supervision special assignments and tasks; and
(d) Who do not devote more than 20 percent,
or, in the case of an employee of a retail or service establishment who does
not devote as much as 40 percent of the employee's hours worked in the workweek
to activities which are not directly and closely related to the performance of
the work described in subsections (a) through (c) of this section;
and
(e)
(A) Who are compensated for their services on
a salary or fee basis at a rate of not less than $155 per week, exclusive of
board, lodging, or other facilities; or
(B) Who, in the case of academic
administrative personnel, are compensated for services as required by paragraph
(e)(A) of this subsection, or on a salary basis which is at least equal to the
entrance salary for teachers in the school system, educational establishment,
or institution by which employed: Provided, that an employee who is compensated
on a salary or fee basis at a rate of not less than $250 per week, exclusive of
board, lodging, or other facilities, and whose primary duty consists of the
performance of work described in section (a) of this subsection, which includes
work requiring the exercise of discretion and independent judgment, will be
deemed to meet all the requirements of this section.
(3) Employees exempted from overtime because of the supervisory nature of their employment means employees:
(a) Whose primary duty consists of the
management of the enterprise in which they are employed or of a customarily
recognized department or subdivision thereof; and
(b) Who customarily and regularly direct the
work of two or more other employees therein; and
(c) Who have the authority to hire or fire
other employees or whose suggestions and recommendations as to the hiring or
firing and as to the advancement and promotion or any other change of status of
other employees will be given particular weight; and
(d) Who customarily and regularly exercise
discretionary powers; and
(e) Who
do not devote more than 20 percent, or, in the case of an employee of a retail
or service establishment who does not devote as much as 40 percent of the
employee's hours of work in the workweek to activities which are not directly
and closely related to the performance of the work described in sections (a)
through (d) of this section: Provided, that this subsection will not apply in
the case of an employee who is in sole charge of an independent establishment
or a physically separated branch establishment;
(f) Who are compensated for their services on
a salary basis at a rate of not less than $155 per week, exclusive of board,
lodging, or other facilities: Provided, that an employee who is compensated on
a salary basis at a rate of not less than $250 per week, exclusive of board,
lodging, or other facilities, and whose primary duty consists of the management
of the agency in which the employee is employed or of a customarily recognized
department or subdivision thereof, and includes the customary and regular
direction of the work of two or more other employees therein, will be deemed to
meet all the requirements of this section.
(4) Employees exempted from overtime because of the professional nature of their employment means employees:
(a) Whose primary duty consists of the
performance of:
(A) Work requiring knowledge
of an advanced type in a field of science or learning customarily acquired by a
prolonged course of specialized intellectual instruction and study, as
distinguished from a general academic education and from an apprenticeship, and
from training in the performance of routine mental, manual, or physical
processes; or
(B) Work that is
original and creative in character in a recognized field of artistic endeavor
(as opposed to work which can be produced by a person endowed with general
manual or intellectual ability and training), and the result of which depends
primarily on the invention, imagination, or talent of the employee;
or
(C) Teaching, tutoring,
instructing, or lecturing in the activity of imparting knowledge and who are
employed and engaged in this activity as teachers in the school system or
educational establishment or institution by which they are employed;
or
(D) Work that requires
theoretical and practical application of highly-specialized knowledge in
computer systems analysis, programming, and software engineering, and who are
employed and engaged in these activities as computer systems analysts, computer
programmers, software engineers, or other similarly skilled workers in the
computer software field, as provided in OAR
839-020-0350; and
(b) Whose work requires the
consistent exercise of discretion and judgment in its performance;
and
(c) Whose work is predominantly
intellectual and varied in character (as opposed to routine mental, manual,
mechanical, or physical work) and is of such character that the output produced
or the result accomplished cannot be standardized in relation to a given period
of time; and
(d) Who do not devote
more than 20 percent of their hours worked in the workweek to activities which
are not an essential part of and necessarily incident to the work described in
subsections (a) through (c) of this section; and
(e) Who are compensated for services on a
salary or fee basis at a rate of not less than $170 per week, exclusive of
board, lodging, or other facilities: Provided, that this subsection will not
apply in the case of an employee who is the holder of a valid license or
certificate permitting the practice of law or medicine or any of their branches
and who is actually engaged in the practice thereof, nor in the case of an
employee who is the holder of the requisite academic degree for the general
practice of medicine and is engaged in an internship or resident program
pursuant to the practice of medicine or any of its branches, nor in the case of
an employee employed and engaged as a teacher as provided in subsection (a)(C)
of this section: Provided further, that an employee who is compensated on a
salary or fee basis at a rate of not less than $250 per week, exclusive of
board, lodging, or other facilities, and whose primary duty consists of the
performance either of work described in subsection (a), (A), or (C) or (D) of
this section, which includes work requiring the consistent exercise of
discretion and judgment, or of work requiring invention, imagination, or talent
in a recognized field of artistic endeavor, shall be deemed to meet all of the
requirements of this section: Provided further, that the salary or fee
requirements of this paragraph will not apply to an employee engaged in
computer-related work within the scope of paragraph (a)(D) of this section and
who is compensated on an hourly basis at a rate in excess of $27.63 per
hour.
Stat. Auth.: ORS 279.342(5)(a)
Stats. Implemented: ORS 279.342
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