74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 180
 
                         House Bill 2308
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Exempts employees of multiunit accommodations who are domiciled
at multiunit accommodations from laws regulating minimum wage,
overtime and other minimum employment conditions.
 
                        A BILL FOR AN ACT
Relating to employees exempt from laws regulating minimum
  employment conditions; creating new provisions; and amending
  ORS 653.020.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 653.020 is amended to read:
  653.020. ORS 653.010 to 653.261 do not apply to any of the
following employees:
  (1) An individual employed in agriculture if:
  (a)   { - Such - }   { + The + } individual is employed as a
hand harvest or pruning laborer and is paid on a piece-rate basis
in an operation
  { - which - }   { + that + } has been, and is customarily and
generally recognized as having been { + , + } paid  { - , - }  on
a piece-rate basis in the region of employment and is employed by
an employer who did not  { - , - }  during any calendar quarter
during the preceding year use more than 500 piece-rate-work-days
of agricultural labor;
  (b)   { - Such - }   { + The + } individual is the parent,
spouse, child or other member of the employer's immediate family;
  (c)   { - Such - }   { + The + } individual:
  (A) Is employed as a hand harvest or pruning laborer and is
paid on a piece-rate basis in an operation   { - which - }
 { + that + } has been, and is customarily and generally
recognized as having been, paid on a piece-rate basis in the
region of employment;
  (B) Commutes daily from a permanent residence to the farm on
which the individual is so employed; and
  (C) Has been employed in agricultural labor less than 13 weeks
during the preceding calendar year;
  (d)   { - Such - }   { + The + } individual, other than an
individual described in paragraph (c) of this subsection:
  (A) Is 16 years of age or under and is employed as a hand
harvest laborer, is paid on a piece-rate basis in an operation
 
  { - which - }   { + that + } has been, and is customarily and
generally recognized as having been, paid on a piece-rate basis
in the region of employment; and
  (B) Is paid at the same piece-rate as employees over 16 years
of age on the same farm; or
  (e)   { - Such employee - }   { + The individual + } is
principally engaged in the range production of
livestock { + , + }   { - and - }  earns a salary and is paid on
a salary basis.
  (2) An individual employed in domestic service on a casual
basis in or about a family home.
  (3) An individual engaged in administrative, executive or
professional work who:
  (a) Performs predominantly intellectual, managerial or creative
tasks;
  (b) Exercises discretion and independent judgment; and
  (c) Earns a salary and is paid on a salary basis.
  (4) An individual employed by the United States.
  (5) An individual who is employed by an institution whose
function is primary or secondary education  { - , - }  and in
which the individual is an enrolled student.
  (6) An individual engaged in the capacity of an outside
salesperson or taxicab operator.
  (7) An individual domiciled at a place of employment for the
purpose of being available for emergency or occasional duties for
time other than that spent performing these duties, provided that
when the individual performs emergency or occasional duties, the
individual must be paid no less than the wage specified in ORS
653.025.
  (8) An individual paid for specified hours of employment, the
only purpose of which is to be available for recall to duty.
  (9) An individual   { - domiciled - }   { + who is employed + }
at multiunit accommodations designed to provide other people with
temporary or permanent lodging  { - , for the purpose of
maintenance, management or assisting in the management of
same - }  { +  and who is domiciled at the multiunit
accommodations + }.
  (10) An individual employed on a seasonal basis at:
  (a) An organized camp operated for profit that generates gross
annual income of less than $500,000; or
  (b) A nonprofit organized camp.
  (11) An individual employed at a nonprofit conference ground or
center operated for educational, charitable or religious
purposes.
  (12) An individual who performs services as a volunteer
firefighter, as defined in ORS 652.050.
  (13) An individual who performs child care services in the home
of the individual or in the home of the child.
  (14) An individual employed in domestic service employment in
or about a family home to provide companionship services for
individuals who, because of age or infirmity, are unable to care
for themselves.
  (15) An individual who performs service as a caddy at a golf
course in an established program for the training and supervision
of caddies under the direction of a person who is an employee of
the golf course.
  (16) An individual  { + who is + } employed as a resident
manager by an adult foster home that is licensed pursuant to ORS
443.705 to 443.825 and who is domiciled at the adult foster home.
  (17) An individual residing in a mobile home park or
manufactured dwelling park designed to provide other people with
temporary or permanent lodging, for the purpose of maintenance,
management or in assisting in the management of same.
  (18) An individual who volunteers as a campground host and who
resides in a campground owned by a public agency that provides
temporary accommodations for travelers, whether under public or
private management, and who provides information and emergency
assistance.
  SECTION 2.  { + The amendments to ORS 653.020 by section 1 of
this 2007 Act apply only to work performed on or after the
effective date of this 2007 Act. + }
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