OAR 839-020-0150: Exemptions from Minimum Wage and Overtime

(1) An individual employed as a resident manager of an adult foster home is not subject to the minimum wage and overtime provisions of ORS 653.010 to 653.261 so long as the resident manager is domiciled at the adult foster home and is directly responsible for the daily care of the residents residing in the home; and (a) The resident manager is employed to work in a licensed adult foster home as defined in ORS 443.705(4) pursuant to the Adult Foster Homes Licensing Law (ORS 443.705 to 443.825); or (b) The resident manager is employed to work in an adult foster home which is exempt from the license, inspection and fee provisions of the Adult Foster Homes Licensing Law (ORS 443.705 to 443.825) pursuant to ORS 443.780. (2) The provisions of ORS 653.010 to 653.261 and these rules pertaining to the payment of minimum wage and overtime pay do not apply to inmates of the Oregon Department of Corrections assigned to a work release program or otherwise working in gainful private employment pursuant to ORS 144.480, relating to prison inmate labor. (3) The provisions of ORS 653.010 to 653.261 and these rules do not apply to persons serving as a referee or assistant referee in a youth or adult recreational soccer match. Pursuant to ORS 670.610, these referees and assistant referees are independent contractors. (4) The provisions of OAR 839-020-0050 to 839-020-0065 relating to working conditions do not apply to employees employed by public employers provided that the conditions of ORS 653.261(3) are met.