OAR 839-020-0230: Limitation on Nonexempt Work

(1) Employees engaged in fire protection or law enforcement activities as defined in OAR 839-020-0220 may also engage in some nonexempt work which is not performed as an incident to or in conjunction with their fire protection or law enforcement activities. For example, firefighters who work for forest conservation agencies may, during slack times, plant trees and perform other conservation activities unrelated to their firefighting duties. The performance of such nonexempt work will not defeat the exemption in ORS 653.269(3) unless it exceeds 20 percent of the total hours worked by that employee during the workweek or applicable work period. A person who spends more than 20 percent of the person’s working time in nonexempt activities is not considered to be an employee engaged in fire protection or law enforcement activities for purposes of OAR 839-020-0200 to 839-020-0270. (2) Public agency fire protection and law enforcement personnel may, at their own option, undertake employment for the same employer on an occasional or sporadic and part-time basis in a different capacity from their regular employment. The performance of such work does not affect the application of the exemption in ORS 653.269(3) with respect to the regular employment. In addition, the hours of work in the different capacity need not be counted as hours worked for overtime purposes on the regular job, nor are such hours counted in determining the 20 percent limitation for nonexempt work discussed in subsection (1) of this section.