Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 8 - PAY EQUITY
Section 839-008-0010 - Work of Comparable Character
Universal Citation: OR Admin Rules 839-008-0010
Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in ORS 652.210 to ORS 652.235 and these rules, "work of comparable character" includes substantially similar knowledge, skill, effort, responsibility and working conditions as defined or described as follows, with no single factor being determinative:
(a) Knowledge considerations may include, but
are not limited to, the following:
(A)
Certifications, licenses and certificates;
(B) Education;
(C) Experience; or
(D) Training.
(b) Skill considerations may include, but are
not limited to, the following:
(A)
Ability;
(B) Agility;
(C) Coordination;
(D) Creativity;
(E) Efficiency;
(F) Experience; or
(G) Precision.
(c) Effort considerations may include, but
are not limited to, the following:
(A) Amount
of physical or mental exertion needed;
(B) Amount of sustained activity;
or
(C) Complexity of job tasks
performed.
(d)
Responsibility considerations may include, but are not limited to, the
following:
(A) Accountability, decision-making
discretion or impact of an employee's exercise of their job functions on the
employer's business;
(B) Amount,
level or degree of significance of job tasks;
(C) Autonomy or extent to which the employee
works without supervision;
(D)
Extent to which the employee exercises supervisory functions; or
(E) Extent to which an employee's work or
actions expose an employer to risk or liability.
(e) Working condition considerations include
the following:
(A) Work environment;
(B) Hours, which may include, but are not
limited to, the following considerations:
(i)
Alternative scheduling such as split shifts;
(ii) Level of busyness during hours of
work;
(iii) Limited duration
assignments;
(iv) Number of
hours;
(v) Overtime hours;
or
(vi) Part-time or full-time
work.
(C) Time of day,
which may include, but is not limited to, the consideration of shift
differentials related to the day of the week or time of day work shifts are
scheduled;
(D) Physical
surroundings, which may include, but are not limited to, the following
considerations:
(i) Air quality;
(ii) Distractions;
(iii) Dust;
(iv) Exposure to weather;
(v) Isolation;
(vi) Lighting;
(vii) Noise;
(viii) Physical design or layout of
workspace;
(ix)
Temperature;
(x) Ventilation;
or
(xi) Wetness.
(E) Potential hazards, which may
include, but are not limited to, the following considerations:
(i) Degree or severity of potential
injury;
(ii) Frequency of
exposure;
(iii)
Intensity;
(iv) Physical
hazards;
(v) Risk of injury;
or
(vi) Toxicity.
(2) Evaluations of work of comparable character need only consider comparisons of Oregon employees as defined in OAR 839-008-0000.
Statutory/Other Authority: ORS 659A.805
Statutes/Other Implemented: ORS 652.210-.235
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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