OAR 839-020-0400: Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants

As used in OL Ch. 685 (2017), ORS 653.265 and OAR 839-020-0400 to 839-020-0420, unless the context requires otherwise: (1) “Administrative duties” means office or non-manual work directly related to the employer’s management policies or general business operations. (2) “Cannery” means an establishment for the canning or preservation of food products to prevent spoilage. (3) “Day” means any time period of 24 consecutive hours as determined by the employer. (4) “Drier” means an establishment in which food products are preserved through the removal of moisture. (5) "Employed in" refers to employment of employees in the actual place specified in ORS 653.265. Employees who are not performing duties in the named places are not "employed in" those places. (6) "Employee" means any individual employed by an employer. (7) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee. (8) “Engaged in the direct processing of goods” means to perform duties directly related to the canning, drying, packing, or preservation of food products. (9) “Packing plant” means an establishment for the processing and packing of food products, including the packing of meat. (10) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish. (11) “Undue hardship period” means the period of time during which a perishable product must be processed after harvesting, slaughter or catch. (12) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.