OAR 340-096-0840: Living Wage and Supportive Benefits

For purposes of ORS 459A.905(2)(c) and related statutes and rules the terms below in Section (1) to (3) have the meanings provided by this rule: (1) A worker is any person receiving compensation in exchange for any hours scheduled or worked, no matter if the worker is employed directly by the facility, contracted or temporarily employed person, whose primary work tasks are directly associated with the mechanical or physical activities of processing materials at a commingled recycling processing facility. This definition includes sort line workers and persons performing other materials processing tasks. This definition does not include facility administrative or clerical workers, truck drivers, maintenance or other similar occasional workers at any commingled recycling processing facility. (2) A living wage is a wage one full-time worker must earn, calculated on an hourly basis, to cover the cost in the place where they live of their household’s minimum basic need without additional income or subsidization. The location of the commingled recycling processing facility where a worker works shall be used to calculate the living wage. The calculated hourly living wage applicable for the purposes of this rule is included as Table A in the appendix for this rule section. (3) Supportive benefits are benefits provided to a worker to support their health and well-being, including health insurance, disability insurance, life insurance and paid time off. (a) Health insurance coverage must meet the requirements of Paragraphs (A) to (D) of this Subsection. (A) Health insurance coverage must be provided to all workers regardless of status as part-time or full time based on weekly hours worked. Coverage options may allow for tiered benefits based on full- or part-time status, as defined by state law for the specific facility. (B) Health insurance coverage must comply with, or exceed, all federal and state law requirements, including the Federal Patient Protection and Affordable Care Act of 2010, 42 USC 18001, et. seq., requirements for affordability and minimum value plans. (C) Health insurance coverage must include vision and dental benefits. (D) Health insurance coverage must include optional coverage available to a worker’s family members as defined in ORS 657B.010(19). (b) Disability insurance must include short-term and long-term options. Disability insurance shall incorporate coverage for accidental death and dismemberment consistent with insurance industry standards at the time of the worker’s employment, unless such coverage is otherwise included in the life insurance benefits. (c) Life insurance coverage of at least $10,000 must be provided at no cost to the worker, with additional optional coverage available to purchase by the worker. (d) If term life insurance is provided, the term of coverage must be no less than five years. (e) Paid time off shall include sick leave, vacation/discretionary leave and holiday pay and shall consist of at least the following: (A) At least 10 vacation/discretionary days (80 hours) per calendar year for workers working full-time at the facility, with full-time as defined in OAR 471-030-0022 ; (B) At least eight vacation/discretionary days (64 hours) per calendar year for workers working less than full-time at the facility, as defined by OAR 471-030-0022; (C) No fewer than five sick days (40 hours) per calendar year for all workers, regardless of full or part-time status; and (D) Paid holidays equivalent to those recognized annually by the State of Oregon, as defined by ORS 187.010 and ORS 187.020, for all workers regardless of full or part-time status. Paid holidays may be taken as days off or as supplemental pay (eight hours of work), at the employer's discretion. [NOTE: View a PDF of the Calculated living wage for Commingled Recycling Processing Facilities used by Oregon local governments table by clicking on the link below.] [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]