Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 26 - EMPLOYEE WORK SCHEDULES
Section 839-026-0050 - Record Retention Requirements
Universal Citation: OR Admin Rules 839-026-0050
Current through Register Vol. 63, No. 3, March 1, 2024
(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.
Statutory/Other Authority: ORS 651.060(4)
Statutes/Other Implemented: ORS 653.412 - 653.485
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