OAR 839-020-0011: Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees

The applicable region and minimum wage rate to be paid to employees pursuant ORS 653.025 and OAR 839-020-0010 shall be determined as follows: (1) Work performed at a permanent fixed business location of the employer in Oregon. (a) If an employee performs more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon, the applicable minimum wage rate to be paid to the employee by the employer shall be determined based on the region in which such business is located. (b) If an employee makes deliveries as a part of the employee’s job and starts and ends the employee’s work at the employer’s permanent fixed business location, the minimum rate of wage required to be paid to the employee by the employer is the applicable rate for the region in which such business is located. (2) Work performed other than at the employer’s permanent fixed business location. (a) If an employee does not perform more than 50% of the employee’s work in a pay period at the employer’s permanent fixed business location in Oregon pursuant to section (1) of this rule, the region in which the employee performs work is considered to be the employer’s location for purposes of determining the applicable minimum wage rate to be paid. The employer is required to pay no less than this rate for each hour worked during the pay period. (b) In the event an employee performs work in more than one region in a pay period, the employer must pay either: (A) The applicable minimum rates of wage for each hour worked in each region in which the employee worked; or (B) The highest minimum rate of wage required for any region in which the employee worked for all hours worked by the employee during the pay period. (c) If an employee performs work in more than one region in a pay period, the employer must maintain records of the locations in which the employee worked unless pursuant to paragraph (b)(B) of this section, the employer pays the highest rate of wage required for any region in which the employee worked for all hours worked by the employee during the work period.