2017 ORS 653.646¹
Multiemployer exception
  • mandate to establish sick time policy for home care workers

This section is amended
Effective January 1, 2019
Relating to training for care providers; creating new provisions; and amending ORS 124.050, 183.459, 192.365, 410.596, 410.600, 410.603, 410.604, 410.606, 410.607, 410.608, 410.612, 410.614, 410.619, 410.625, 410.631, 410.632, 419B.005, 430.735, 441.630, 443.004, 443.006, 653.601, 653.646, 656.039, 656.268 and 657.730 and section 4, chapter 796, Oregon Laws 2015.

(1) The requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) do not apply to an employee:

(a) Whose terms and conditions of employment are covered by a collective bargaining agreement;

(b) Who is employed through a hiring hall or similar referral system operated by the labor organization or a third party; and

(c) Whose employment-related benefits are provided by a joint multiemployer-employee trust or benefit plan.

(2)(a) The Home Care Commission created under ORS 410.602 (Home Care Commission) shall establish a paid sick time policy for consumer employed home care workers.

(b) A policy for paid sick time for consumer employed home care workers implemented by the Home Care Commission that allows an eligible home care worker to accrue and use up to 40 hours of paid time off a year, including but not limited to sick time, is deemed to meet the requirements of ORS 653.601 (Definitions for ORS 653.601 to 653.661) to 653.661 (Preemption) and is exempt from the provisions of ORS 653.601 (Definitions for ORS 653.601 to 653.661) (6), 653.606 (Employee count) (5), 653.611 (Substantially equivalent policies), 653.621 (Minimum use increments), 653.626 (Medical verification) and 653.631 (Accrual amount records).

(3) As used in this section, “consumer employed home care worker” has the meaning given the term “home care worker” in ORS 410.600 (Definitions for ORS 410.595 to 410.625). [2015 c.537 §12]

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdic­tion to regulate govern­mental entity’s employ­ment of mi­nors, (1979) Vol 39, p 489

1 Legislative Counsel Committee, CHAPTER 653—Minimum Wages; Employment Conditions; Minors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors653.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 653, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano653.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.