Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pursuant to ORS
652.220(2),
employees may receive different levels of compensation for work of comparable
character if the entire compensation differential is based on one or more bona
fide factors related to the position in question. The bona fide factors that
may be considered in determining the compensation differential between
individuals are as follows:
(a) A seniority
system that recognizes and compensates employees based on length of service
with the employer. A seniority system utilized by an employer may be considered
as a bona fide factor by the employer's successor in interest, as defined by
OAR 839-005-0014;
(b) A merit system that provides for
variations in pay based upon employee performance as measured through
job-related criteria, for example, a written performance evaluation plan or
policy that measures employee performance using a set numerical or other
established rating scale, such as from "unsatisfactory" to "exceeds
expectations," and takes employees' ratings into account in determining
employee pay rates;
(c) A system
that measures earnings by quantity or quality of production, including piece
rate work;
(d) Notwithstanding any
other applicable federal, state or local laws, workplace location
considerations may include, but are not limited to, the following:
(A) Cost of living;
(B) Desirability of worksite location;
(C) Access to worksite
location;
(D) Minimum wage zones;
or
(E) Wage and hour zones.
(e) Necessary and
regular travel;
(f) Education
considerations may include, but are not limited to, substantive knowledge
acquired through relevant coursework, as well as any completed certificate or
degree program;
(g) Training
considerations may include, but are not limited to, on-the-job training
acquired in current or past positions as well as training acquired through a
formal training program;
(h)
Experience considerations include, but are not limited to, any relevant
experience that may be applied to the particular job; or
(i) Any combination of the factors described
in subsections (a)-(h) of this section, if the combination of those factors
accounts for the entire compensation differential.
(2) As used in subsections (1)(a)-(c) of this
rule, "system" means a devised coherent, consistent, verifiable and reasonable
method that was in use at the time of the alleged violation to identify,
measure and apply appropriate variables in an orderly, logical and effective
manner.
