OAR 291-081-0030: Adult in Custody Compensation

(1) AICs participating in a Private Sector/Prison Industries Enhancement Program shall be paid compensation as determined and established by the Director in accordance with these rules. (2) In accordance with 18 USC § 1761, AICs participating in a PS/PIE Program work project shall be paid compensation for actual work performed that is not less than the amount paid for work of a similar nature in the locality in which the work is to be performed. In no case shall compensation paid be less than federal minimum wage. AICs who work more than 40 hours per work week shall be paid compensation for additional hours worked at a rate equal to 1½ times their base hourly compensation rate. If the Director or designee determines that the Department shall pay AICs piece work compensation for their participation in a particular PS/PIE Program work project, the piece work compensation rate shall be determined and established by converting the piece work compensation to an hourly compensation equivalent. (3) Prior to implementation of a PS/PIE Program work project, the Assistant Director or designee shall request from the Oregon Employment Division, or other appropriate agency, data regarding compensation paid for work of a similar nature to the PS/PIE Program work project in the locality in which the work is to be performed. The Director may rely upon this data and on other available information to determine and establish compensation for AICs participating in a PS/PIE Program work project. The Assistant Director or designee shall, on an annual basis, request the Oregon Employment Department, or other appropriate agency, to review and provide updated compensation data to the Department of Corrections. (4) In the absence of available, relevant rate information, the Director may establish compensation at the federal minimum wage rate, or its piece work compensation equivalent.