Bureau of Labor and Industries
Chapter 839
Division 20
RULES REGULATING MINIMUM WAGE, OVERTIME AND WORKING CONDITIONS
839-020-0041
Waiting Time
(1) On duty (engaged to wait): Where waiting is an integral part of the job, i.e., when the time spent waiting belongs to and is controlled by the employer and the employee is unable to use the time effectively for the employee’s own purposes, that employee will be considered as engaged to wait. All time spent in activity where an employee is engaged to wait will be considered as part of hours worked.
(2) Off duty (waiting to be engaged): Periods during which an employee is completely relieved from duty and which are long enough to enable the employee to use the time effectively for the employee’s own purposes are not hours worked. The employee is not completely relieved from duty and cannot use the time effectively for the employee’s own purposes unless the employee is told in advance that the employee may leave the job and that the employee will not have to commence work until a specified hour has arrived. Whether the time is long enough to enable the employee to use the time effectively for the employee’s own purposes depends upon all of the facts and circumstances of the case.
(3) On-call time: An employee who is required to remain on-call on the employer's premises or so close thereto that the employee cannot use the time effectively for the employee’s own purposes is working while "on-call.” An employee who is not required to remain on the employer's premises but is merely required to leave word at the employee’s home or with company officials where the employee may be reached is not working while on-call.
Statutory/Other Authority: ORS 183 & 653
Statutes/Other Implemented: ORS 653.010 - 653.261
History:
BLI 1-2002, f. & cert. ef. 1-9-02
BL 10-1990, f. & cert. ef. 7-26-90
BL 1-1990, f. 2-27-90, cert. ef. 2-28-90