Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 21 - RULES REGULATING THE EMPLOYMENT OF MINORS IN OREGON
Section 839-021-0265 - Employment of Minors to Act as Canvassers, Peddlers or Outside Salespersons from House to House
Current through Register Vol. 63, No. 12, December 1, 2024
(1) Minors 16 and 17 years of age may not be employed to act as a canvasser, a peddler, or an "outside salesman" as defined in ORS 653.010(7), from house to house, unless the employer obtains and maintains a validated registration certificate issued by the Bureau.
(2) To register, an employer may obtain an application form from any office of the Bureau. Upon completion, the application must be filed with the Child Labor Unit of the Wage and Hour Division. The application form will be prescribed by the Bureau and must include, but not be limited to, space for:
(3) In the case of a renewal application, the employer must submit with the application, a report of minors employed during the previous year. The report must include, but not be limited to, the following information:
(4) The Bureau will conduct an investigation of the facts and circumstances set out in the application for the registration certificate and may issue a certificate to the employer provided the provisions of OAR 839-021-0001 to 839-021-0265 have been met.
(5) The Bureau may require the removal of minors from the employment of a registered employer when it appears to the Bureau that the employer has failed to comply with any law or rule pertaining to the employment of minors. Prior to the removal of minors from employment, the Bureau will consider the following factors:
(6) When a registered employer is required by the Bureau to remove the minor employees from employment, the employer may request a hearing in accordance with OAR 839-022-0000 to 839-022-0060.
(7) The Bureau may revoke the registration certificate when it determines that the employer failed to comply with any rule or law covering the employment of minors. The employer must be accorded the opportunity of a hearing in accordance with OAR 839-022-0000 to 839-022-0060.
(8) In addition to all other rules, employers employing persons 16 and 17 years of age to act as a canvasser, peddler or "outside salesman" as defined in ORS 653.010(8) from house to house must provide each minor, before the minor begins work, with an identification card. The identification card must be shown to each customer or potential customer of the minor employed to act as a canvasser, peddler or "outside salesman" by the minor so employed. The identification card will be on a form prescribed by the Bureau. The identification card must include:
(9) Notwithstanding OAR 839-021-0067, minors 16 and 17 years of age employed to act as a canvasser, a peddler or an "outside salesman," as defined in ORS 653.010(8), from house to house may not be employed past the hour of 9:00 p.m.
(10) The transportation of a minor employed to act as a canvasser, peddler, or "outside salesman" to and from the job site must be provided by the employer and must occur no later than 9:00 p.m. In the case of a minor who wants to provide the minor's own transportation, the employer must obtain the written consent of the minor's parents or legal guardian and maintain such written consent in the employer's files.
(11) No minor employed to act as a canvasser, peddler, or "outside salesman" may be transported to another state without the express written consent of a parent or legal guardian of the minor.
Statutory/Other Authority: ORS 651.060(4) & 653.261
Statutes/Other Implemented: S.B. 135, 77th Leg., Reg. Ses. (Or.2013) & ORS 653