Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 8 - PAY EQUITY
Section 839-008-0000 - Definitions
Current through Register Vol. 63, No. 9, September 1, 2024
As used in ORS 652.210 to 652.235 and these rules:
(1) Benefits" means:
(2) "Bonus" means an amount that is paid or something of monetary or quantifiable value that is given to an employee by an employer in addition to the employee's regular rate of pay, typically as a means of encouragement or in recognition of superior performance. Bonuses include, but are not limited to, the following:
(3)
(4) "Employee" means any individual who, otherwise than as a copartner of the employer, as an independent contractor or as a participant in a work training program administered under the state or federal assistance laws, renders personal services wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, when services are rendered only partly in this state, an individual is not an employee unless the contract of employment of the employee has been entered into, or payments thereunder are ordinarily made or to be made, within this state.
(5)
(6) "Equal-pay analysis" means an evaluation process to assess and correct wage disparities among employees who perform work of comparable character.
(7)
(8) "Fringe benefits" means benefits as described in section (1) of this rule.
(9) "Protected class" means a group of persons distinguished by race, color, religion, sex, sexual orientation, national origin, marital status, veteran status, disability or age.
(10) "Rate" with reference to wages means:
(11) "Salary" has the meaning provided in OAR 839-020-0004(29) and means a predetermined amount constituting all or part of the employee's compensation paid for each pay period of one week or longer (but not to exceed one month). The predetermined amount may not be any amount less than the equivalent of a monthly salary calculated by multiplying the wage set pursuant to ORS 653.025 by 2,080 hours per year, then dividing by 12 months.
(12) "Sexual orientation" has the meaning given that term in ORS 174.100 and means an individual's actual or perceived heterosexuality, homosexuality, bisexuality or gender identity, regardless of whether the individual's gender identity, appearance, expression or behavior differs from that traditionally associated with the individual's sex at birth.
(13) "Unpaid wages" means the difference between the wages actually paid to an employee and the wages required under ORS 652.220 to be paid to the employee.
(14) "Veteran status" means an individual is a veteran as defined in ORS 408.225.
(15) "Wages" means all compensation for performance of service by an employee for an employer, whether paid by the employer or another person or paid in cash or any medium other than cash.
(16) "Working conditions" includes work environment, hours, time of day, physical surroundings and potential hazards encountered by an employee, as those terms are defined in OAR 839-008-0010.
(17) "Work of comparable character" means work that requires substantially similar knowledge, skill, effort, responsibility and working conditions in the performance of work, regardless of job description or job title, as defined in OAR 839-008-0010.
Statutory/Other Authority: ORS 659A.805
Statutes/Other Implemented: ORS 652.210-652.235