Bill Text: OR HB3142 | 2013 | Regular Session | Introduced
Bill Title: Relating to definitions of terms concerning employment.
Sponsorship: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3142 Detail]
Download: Oregon-2013-HB3142-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3571
House Bill 3142
Sponsored by COMMITTEE ON BUSINESS AND LABOR (at the request of
Northwest Workers' Justice Project)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies definitions of 'employ,' 'employee, ' ' employer' and
'wages' for purposes of statutes relating to hours, wages, wage
claims, employment conditions, employment agencies, farm labor
contractors and construction contractors.
Creates presumption of employee status under certain
conditions.
A BILL FOR AN ACT
Relating to definitions of terms concerning employment; creating
new provisions; and amending ORS 652.310, 652.320, 652.750,
653.010, 658.005, 658.405 and 701.005.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 652.310 is amended to read:
652.310. As used in ORS 652.310 to 652.414, unless the context
requires otherwise:
{ + (1) 'Employ':
(a) Includes to suffer or permit to work.
(b) Does not include:
(A) Voluntary or donated services performed for no compensation
or without expectation or contemplation of compensation for
services provided to a public body as defined in ORS 174.109 or a
religious, charitable, educational, public service or similar
nonprofit corporation, organization or institution for community
service, religious or humanitarian reasons; or
(B) Services performed by general or public assistance
recipients as part of a work training program administered under
state or federal assistance laws.
(2) 'Employee' means any individual employed by an employer in
this state. An individual performing services that are an
integral part of the business of another is presumed to be an
employee unless the individual is customarily engaged in an
independently established business of the same nature as that
involved in the services performed. + }
{ - (1) - } { + (3)(a) + } 'Employer' means { - any
person who in this state, directly or through an agent, engages
personal services of one or more employees and includes any
successor to the business of any employer, or any lessee or
purchaser of any employer's business property for the continuance
of the same business, so far as such employer has not paid
employees in full. 'Employer ' includes the State of Oregon or
any political subdivision thereof or any county, city, district,
authority, public corporation or entity and any of their
instrumentalities organized and existing under law or charter
but - } { + :
(A) Any person or a public body as defined in ORS 174.109, that
employs an individual, and any other person acting directly or
indirectly in the interest of an employer in relation to an
employee; and
(B) To the extent an employer has not paid employees in full,
any successor to the business of the employer or a purchaser of
the employer's property for the continuance of the same business.
(b) 'Employer' + } does not { - include - } { + mean + }:
{ - (a) - } { + (A) + }The United States
{ + Government + }.
{ - (b) - } { + (B) + } Trustees and assignees in
bankruptcy or insolvency, and receivers, whether appointed by
federal or state courts, and persons otherwise falling under the
definition of employers so far as the times or amounts of their
payments to employees are regulated by laws of the United States,
or regulations or orders made in pursuance thereof.
{ - (2) 'Employee' means any individual who otherwise than as
copartner of the employer or as an independent contractor renders
personal services wholly or partly in this state to an employer
who pays or agrees to pay such individual at a fixed rate, based
on the time spent in the performance of such services or on the
number of operations accomplished, or quantity produced or
handled. However: - }
{ - (a) Where services are rendered by an independent
contractor, an individual shall not be an employee under this
section unless the individual is a musician or supporting
technical person. - }
{ - (b) Where services are rendered only partly in this
state, an individual shall not be an employee under this section
unless the contract of employment of the employee has been
entered into, or payments thereunder are ordinarily made or to be
made, within this state. - }
SECTION 2. ORS 652.320 is amended to read:
652.320. As used in ORS 652.310 to 652.414, unless the context
requires otherwise:
(1) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(2) 'Court' means a court of competent jurisdiction and proper
venue to entertain a proceeding referred to in ORS 652.310 to
652.414.
(3) 'Demand' means a written demand for payment made during
business hours on an employer or any appropriate representative
of an employer by an employee or by some person having and
exhibiting due authority to act in said employee's behalf.
(4) 'Pay' means to deliver or tender compensation at a
previously designated and reasonably convenient place in this
state, during working hours, in legal tender or by order or
negotiable instrument payable and paid in legal tender without
discount on demand in this state or by deposit without discount
in an employee's account in a financial institution, as defined
in ORS 706.008, in this state, provided the employee and the
employer have agreed to such deposit.
(5) 'Payment' means the delivery, tender or deposit of
compensation in the medium of payment described in subsection (4)
of this section. Such delivery, tender or deposit shall be made
to or for the account of the employee concerned or to or for the
account of any person having due authority to act in said
employee's behalf.
(6) 'Rate of payment' means the rate at which payment is made
or is to be made in the manner described in this section.
(7) 'Wage claim' means an employee's claim against an employer
for compensation for the employee's own personal services, and
includes any wages, compensation, damages or civil penalties
provided by law to employees in connection with a claim for
unpaid wages.
{ + (8) 'Wages' means all compensation for performance of
service by an employee for an employer, including penalty wages
owed under ORS 652.150, whether paid by the employer or another
person, payable in legal tender of the United States or check on
banks convertible into cash on demand at full face value, subject
to deductions, charges or allowances as are permitted in ORS
653.035. + }
SECTION 3. ORS 653.010 is amended to read:
653.010. As used in ORS 653.010 to 653.261, unless the context
requires otherwise:
(1) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(2) 'Employ' includes to suffer or permit to work but does not
include voluntary or donated services performed for no
compensation or without expectation or contemplation of
compensation as the adequate consideration for the services
performed for a public { - employer referred to in subsection
(3) of this section - } { + body as defined in ORS 174.109 + },
or a religious, charitable, educational, public service or
similar nonprofit corporation, organization or institution for
community service, religious or humanitarian reasons or for
services performed by general or public assistance recipients as
part of any work training program administered under the state or
federal assistance laws.
{ + (3) 'Employee' means an individual employed by an
employer in this state. An individual who performs services that
are an integral part of the business of another person for
remuneration is presumed to be an employee unless the individual
who performs the services for another person is customarily
engaged in an independently established business of the same
nature as the business of the person for whom the services are
performed. + }
{ - (3) - } { + (4)(a) + } ' Employer' means { - any
person who employs another person including the State of Oregon
or a political subdivision thereof or any county, city, district,
authority, public corporation or entity and any of their
instrumentalities organized and existing under law or
charter. - } { + :
(A) Any person that employs an individual, including a public
body, as defined in ORS 174.109, and any other person acting
directly or indirectly in the interest of an employer in relation
to an employee; and
(B) To the extent that an employer has not paid employees in
full, a successor to the business of the employer or a purchaser
or lessee of the business property of the employer for the
continuance of the same business.
(b) 'Employer' does not mean the United States Government. + }
{ - (4) - } { + (5) + } 'Minor' means any person under 18
years of age.
{ - (5) - } { + (6) + } 'Occupation' means any occupation,
service, trade, business, industry, or branch or group of
industries or employment or class of employment in which
employees are gainfully employed.
{ - (6) - } { + (7) + } 'Organized camp' means a day or
resident camp, whether or not operated for profit, established to
give campers recreational, creative, religious or educational
experience in cooperative group living wherein the activities are
conducted on a closely supervised basis, whether or not the camp
is used primarily by an organized group or by members of the
public and whether or not the activities or facilities are
furnished free of charge or for the payment of a fee.
{ - (7) - } { + (8) + } 'Outside salesperson' means any
employee who is employed for the purpose of and who is
customarily and regularly engaged away from the employer's place
or places of business in making sales, or obtaining orders, or
obtaining contracts for services and whose hours of work of any
other nature for the employer do not exceed 30 percent of the
hours worked in the workweek by the nonexempt employees of the
employer.
{ - (8) - } { + (9) + } 'Piece-rate' means a rate of pay
calculated on the basis of the quantity of the crop harvested.
{ - (9) - } { + (10) + } 'Salary' means no less than the
wage set pursuant to ORS 653.025, multiplied by 2,080 hours per
year, then divided by 12 months.
{ - (10) - } { + (11) + } 'Wages' means { - compensation
due to an employee by reason of employment - } { + all
compensation for performance of service by an employee for an
employer, including penalty wages owed under ORS 652.150, whether
paid by the employer or another person + }, payable in legal
tender of the United States or check on banks convertible into
cash on demand at full face value, subject to { - such - }
deductions, charges or allowances as are permitted in ORS
653.035.
{ - (11) - } { + (12) + } 'Work time' includes both time
worked and time of authorized attendance.
SECTION 4. ORS 658.005 is amended to read:
658.005. As used in ORS 658.005 to 658.245, unless the context
requires otherwise:
(1) 'Applicant for employment' or 'applicant' means an
individual who is seeking or who has obtained employment through
the services of an employment agency.
(2) 'Charge for services' means any money or other
consideration paid or promised to be paid by an applicant for
employment for services rendered by an employment agency.
(3) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
{ + (4) 'Employ' has the meaning given that term in ORS
653.010.
(5) 'Employee' has the meaning given that term in ORS 653.010.
(6) 'Employer' has the meaning given that term in ORS
653.010. + }
{ - (4)(a) - } { + (7)(a) + } 'Employment agency' or
'agency' means a business, service, bureau or club operated by a
person, firm, organization, limited liability company or
corporation engaged in procuring for a fee, employment for others
and employees for employers.
(b) 'Employment agency' or 'agency' does not include:
(A) A nursing school, business school or career school that
does not charge a fee for placement.
(B) Any business, person, service, bureau, organization or club
that by advertisement or otherwise offers as its main object or
purpose to counsel, teach or prepare individuals to obtain
employment, and which charges for its services, whether in the
form of dues, tuition, membership fees, registration fees or any
other valuable service.
(C) Any business, service, bureau or club operated by a person
engaged in procuring employment for others when the charges for
services are paid, directly or indirectly, by anyone other than
the applicant for employment.
(D) An employment listing service, as defined in ORS 658.250.
{ + (8) 'Wages' has the meaning given that term in ORS
653.010. + }
SECTION 5. ORS 658.405 is amended to read:
658.405. As used in ORS 658.405 to 658.503 and 658.991 (2) and
(3), unless the context requires otherwise:
(1) 'Agricultural association' means a nonprofit or cooperative
association of farmers, growers or ranchers that is incorporated
under applicable state law and that acts as a farm labor
contractor solely on behalf of members of the association.
(2) 'Commissioner' means the Commissioner of the Bureau of
Labor and Industries.
(3) 'Crew leader' means the member of a group of workers who
(a) acts as spokesman for the group, (b) travels with the group
from another state into Oregon and (c) performs the same work
along with other group members. A crew leader may transport
workers from their local place of residence to their place of
employment so long as the crew leader does not perform this
service for a profit.
{ + (4) 'Employ' has the meaning given that term in ORS
653.010.
(5) 'Employee' has the meaning given that term in ORS 653.010.
(6) 'Employer' has the meaning given that term in ORS
653.010. + }
{ - (4) - } { + (7) + } 'Farm labor contractor' means any
person who, for an agreed remuneration or rate of pay, recruits,
solicits, supplies or employs workers to perform labor for
another to work in forestation or reforestation of lands,
including but not limited to the planting, transplanting, tubing,
precommercial thinning and thinning of trees and seedlings, the
clearing, piling and disposal of brush and slash and other
related activities or the production or harvesting of farm
products; or who recruits, solicits, supplies or employs workers
to gather evergreen boughs, yew bark, bear grass, salal or ferns
from public lands for sale or market prior to processing or
manufacture; or who recruits, solicits, supplies or employs
workers on behalf of an employer engaged in these activities; or
who, in connection with the recruitment or employment of workers
to work in these activities, furnishes board or lodging for such
workers; or who bids or submits prices on contract offers for
those activities; or who enters into a subcontract with another
for any of those activities. However, 'farm labor contractor'
does not include:
(a) Farmers, including owners or lessees of land intended to be
used for the production of timber, their permanent employees,
advertising media, platoon leaders or individuals engaged in the
solicitation or recruitment of persons for dayhaul work in
connection with the growing, production or harvesting of farm
products;
(b) The Employment Department;
(c) A crew leader;
(d) An individual who performs work, other than recruiting,
supplying, soliciting or employing workers to perform labor for
another, alone or only with the assistance of the individual's
spouse, son, daughter, brother, sister, mother or father;
(e) Individuals who perform labor pursuant to an agreement for
exchanging their own labor or services with each other, provided
the work is performed on land owned or leased by the individuals;
(f) An educational institution that is recognized as such by
the Department of Education; or
(g) A farmer who operates a farmworker camp, regulated under
ORS 658.750, who recruits, supplies, solicits or employs workers
only for the farmer's own operations, and has farmworkers living
in the camp who are employed by another on no more than an
incidental basis, and the farmer receives no remuneration by
virtue of such incidental employment.
{ + (8) 'Wages' has the meaning given that term in ORS
653.010. + }
SECTION 6. ORS 701.005 is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Commercial contractor' means a licensed contractor that
holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer.
(3) 'Commercial developer' means a developer of property that
is zoned for or intended for use compatible with a small
commercial or large commercial structure.
(4) 'Construction debt' means an amount owed under:
(a) An order or arbitration award issued by the board that has
become final by operation of law;
(b) A judgment, arbitration award or civil penalty that has
become final by operation of law arising from construction
activities within the United States; or
(c) A judgment or civil penalty that has become final by
operation of law arising from a failure to comply with ORS
656.017.
(5) 'Contractor' means any of the following:
(a) A person that, for compensation or with the intent to sell,
arranges or undertakes or offers to undertake or submits a bid to
construct, alter, repair, add to, subtract from, improve,
inspect, move, wreck or demolish, for another, a building,
highway, road, railroad, excavation or other structure, project,
development or improvement attached to real estate, or to do any
part thereof.
(b) A person that purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures.
(c) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure.
(d) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure.
(e) A person except a landscape contracting business,
nurseryman, gardener or person engaged in the commercial harvest
of forest products, that is engaged as an independent contractor
to remove trees, prune trees, remove tree limbs or stumps or to
engage in tree or limb guying.
(f) A business that supplies the services of a home inspector
certified under ORS 701.350 or a cross-connection inspector and
backflow assembly tester certified under ORS 448.279.
(g) A person that for compensation arranges, undertakes, offers
to undertake or submits a bid to clean or service chimneys.
(6) 'Developer' means a contractor that owns property or an
interest in property and engages in the business of arranging for
construction work or performing other activities associated with
the improvement of real property, with the intent to sell the
property.
{ + (7) 'Employ' has the meaning given that term in ORS
653.010.
(8) 'Employee' has the meaning given that term in ORS 653.010.
(9) 'Employer' has the meaning given that term in ORS
653.010. + }
{ - (7)(a) - } { + (10)(a) + } 'General contractor' means a
contractor whose business operations require the use of more than
two unrelated building trades or crafts that the contractor
supervises or performs in whole or part, whenever the sum of all
contracts on any single property, including materials and labor,
exceeds an amount established by rule by the board.
(b) 'General contractor' does not mean a specialty contractor
or a residential limited contractor.
{ - (8)(a) - } { + (11)(a) + } 'Home improvement' means a
renovation, remodel, repair or alteration by a residential
contractor to an existing owner-occupied:
(A) Residence that is a site-built home;
(B) Condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(C) Modular home constructed off-site;
(D) Manufactured dwelling; or
(E) Floating home, as defined in ORS 830.700.
(b) 'Home improvement' does not include a renovation, remodel,
repair or alteration by a residential contractor:
(A) To a structure that contains one or more dwelling units and
is four stories or less above grade; or
(B) That the residential contractor performed in the course of
constructing a new residential structure.
{ - (9)(a) - } { + (12)(a) + } 'Home inspector' means a
person who, for a fee, inspects and provides written reports on
the overall physical condition of a residential structure.
(b) 'Home inspector' does not include persons certified under
ORS chapter 455 to inspect new, repaired or altered structures
for compliance with the state building code.
{ - (10) - } { + (13) + } 'Key employee' means an employee
or owner of a contractor who is a corporate officer, manager,
superintendent, foreperson or lead person or any other employee
the board identifies by rule.
{ - (11) - } { + (14) + } 'Large commercial structure'
means a structure that is not a residential structure or small
commercial structure.
{ - (12) - } { + (15) + } 'Officer' means any of the
following persons:
(a) A president, vice president, secretary, treasurer or
director of a corporation.
(b) A general partner in a limited partnership.
(c) A manager in a manager-managed limited liability company.
(d) A member of a member-managed limited liability company.
(e) A trustee.
(f) A person the board defines by rule as an officer. The
definition of officer adopted by board rule may include persons
not listed in this subsection who may exercise substantial
control over a business.
{ - (13) - } { + (16) + } 'Residential contractor' means a
licensed contractor that holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor; or
(d) Residential developer.
{ - (14) - } { + (17) + } 'Residential developer' means a
developer of property that is zoned for or intended for use
compatible with a residential or small commercial structure.
{ - (15)(a) - } { + (18)(a) + } 'Residential structure'
means:
(A) A residence that is a site-built home;
(B) A structure that contains one or more dwelling units and is
four stories or less above grade;
(C) A condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(D) A modular home constructed off-site;
(E) A manufactured dwelling;
(F) A floating home as defined in ORS 830.700; or
(G) An appurtenance to a home, structure, unit or dwelling
described in subparagraphs (A) to (F) of this paragraph.
(b) 'Residential structure' does not mean:
(A) Subject to paragraph (a)(C) of this subsection, a structure
that contains both residential and nonresidential units;
(B) Transient lodging;
(C) A residential school or residence hall;
(D) A state or local correctional facility other than a local
facility for persons enrolled in work release programs maintained
under ORS 144.460;
(E) A youth correction facility as defined in ORS 420.005;
(F) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(G) A detention facility as defined in ORS 419A.004;
(H) A nursing home;
(I) A hospital; or
(J) A place constructed primarily for recreational activities.
{ - (16) - } { + (19) + } 'Responsible managing individual'
means an individual who:
(a) Is an owner described in ORS 701.094 or an employee of the
business;
(b) Exercises management or supervisory authority, as defined
by the board by rule, over the construction activities of the
business; and
(c)(A) Successfully completed the training and testing required
for licensing under ORS 701.122 within a period the board
identifies by rule;
(B) Demonstrated experience the board requires by rule; or
(C) Complied with the licensing requirements of ORS 446.395.
{ - (17) - } { + (20) + } 'Small commercial structure'
means:
(a) A nonresidential structure that has a ground area of 10,000
square feet or less, including exterior walls, and a height of
not more than 20 feet from the top surface of the lowest flooring
to the highest interior overhead finish of the structure;
(b) A nonresidential leasehold, rental unit or other unit that
is part of a larger structure, if the unit has a ground area of
12,000 square feet or less, excluding exterior walls, and a
height of not more than 20 feet from the top surface of the
lowest flooring to the highest interior overhead finish of the
unit;
(c) A nonresidential structure of any size for which the
contract price of all construction contractor work to be
performed on the structure as part of a construction project does
not total more than $250,000; or
(d) An appurtenance to a structure or unit described in
paragraphs (a) to (c) of this subsection.
{ - (18) - } { + (21) + } 'Specialty contractor' means a
contractor who performs work on a structure, project, development
or improvement and whose operations as such do not fall within
the definition of ' general contractor.' 'Specialty contractor'
includes a person who performs work regulated under ORS 446.395.
{ - (19) - } { + (22) + } 'Zero-lot-line dwelling' means a
single-family dwelling unit constructed in a group of attached
units in which:
(a) Each attached unit extends from foundation to roof with
open space on two sides; and
(b) Each dwelling unit is separated by a property line.
SECTION 7. ORS 701.005, as amended by section 59, chapter 630,
Oregon Laws 2011, is amended to read:
701.005. As used in this chapter:
(1) 'Board' means the Construction Contractors Board.
(2) 'Commercial contractor' means a licensed contractor that
holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer.
(3) 'Commercial developer' means a developer of property that
is zoned for or intended for use compatible with a small
commercial or large commercial structure.
(4) 'Construction debt' means an amount owed under:
(a) An order or arbitration award issued by the board that has
become final by operation of law;
(b) A judgment or civil penalty that has become final by
operation of law arising from construction activities within the
United States; or
(c) A judgment or civil penalty that has become final by
operation of law arising from a failure to comply with ORS
656.017.
(5) 'Contractor' means any of the following:
(a) A person that, for compensation or with the intent to sell,
arranges or undertakes or offers to undertake or submits a bid to
construct, alter, repair, add to, subtract from, improve,
inspect, move, wreck or demolish, for another, a building,
highway, road, railroad, excavation or other structure, project,
development or improvement attached to real estate, or to do any
part thereof.
(b) A person that purchases or owns property and constructs or
for compensation arranges for the construction of one or more
residential structures or small commercial structures with the
intent of selling the structures.
(c) A school district, as defined in ORS 332.002, that permits
students to construct a residential structure or small commercial
structure as an educational experience to learn building
techniques and sells the completed structure.
(d) A community college district, as defined in ORS 341.005,
that permits students to construct a residential structure or
small commercial structure as an educational experience to learn
building techniques and sells the completed structure.
(e) A person except a landscape contracting business,
nurseryman, gardener or person engaged in the commercial harvest
of forest products, that is engaged as an independent contractor
to remove trees, prune trees, remove tree limbs or stumps or to
engage in tree or limb guying.
(f) A business that supplies the services of a home inspector
certified under ORS 701.350 or a cross-connection inspector and
backflow assembly tester certified under ORS 448.279.
(g) A person that for compensation arranges, undertakes, offers
to undertake or submits a bid to clean or service chimneys.
(6) 'Developer' means a contractor that owns property or an
interest in property and engages in the business of arranging for
construction work or performing other activities associated with
the improvement of real property, with the intent to sell the
property.
{ + (7) 'Employ' has the meaning given that term in ORS
653.010.
(8) 'Employee' has the meaning given that term in ORS 653.010.
(9) 'Employer' has the meaning given that term in ORS
653.010. + }
{ - (7)(a) - } { + (10)(a) + } ' General contractor' means
a contractor whose business operations require the use of more
than two unrelated building trades or crafts that the contractor
supervises or performs in whole or part, whenever the sum of all
contracts on any single property, including materials and labor,
exceeds an amount established by rule by the board.
(b) 'General contractor' does not mean a specialty contractor
or a residential limited contractor.
{ - (8)(a) - } { + (11)(a) + } 'Home improvement' means a
renovation, remodel, repair or alteration by a residential
contractor to an existing owner-occupied:
(A) Residence that is a site-built home;
(B) Condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(C) Modular home constructed off-site;
(D) Manufactured dwelling; or
(E) Floating home, as defined in ORS 830.700.
(b) 'Home improvement' does not include a renovation, remodel,
repair or alteration by a residential contractor:
(A) To a structure that contains one or more dwelling units and
is four stories or less above grade; or
(B) That the residential contractor performed in the course of
constructing a new residential structure.
{ - (9)(a) - } { + (12)(a) + } 'Home inspector' means a
person who, for a fee, inspects and provides written reports on
the overall physical condition of a residential structure.
(b) 'Home inspector' does not include persons certified under
ORS chapter 455 to inspect new, repaired or altered structures
for compliance with the state building code.
{ - (10) - } { + (13) + } 'Key employee' means an employee
or owner of a contractor who is a corporate officer, manager,
superintendent, foreperson or lead person or any other employee
the board identifies by rule.
{ - (11) - } { + (14) + } 'Large commercial structure'
means a structure that is not a residential structure or small
commercial structure.
{ - (12) - } { + (15) + } 'Officer' means any of the
following persons:
(a) A president, vice president, secretary, treasurer or
director of a corporation.
(b) A general partner in a limited partnership.
(c) A manager in a manager-managed limited liability company.
(d) A member of a member-managed limited liability company.
(e) A trustee.
(f) A person the board defines by rule as an officer. The
definition of officer adopted by board rule may include persons
not listed in this subsection who may exercise substantial
control over a business.
{ - (13) - } { + (16) + } 'Residential contractor' means a
licensed contractor that holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor; or
(d) Residential developer.
{ - (14) - } { + (17) + } 'Residential developer' means a
developer of property that is zoned for or intended for use
compatible with a residential or small commercial structure.
{ - (15)(a) - } { + (18)(a) + } 'Residential structure'
means:
(A) A residence that is a site-built home;
(B) A structure that contains one or more dwelling units and is
four stories or less above grade;
(C) A condominium, rental residential unit or other residential
dwelling unit that is part of a larger structure, if the property
interest in the unit is separate from the property interest in
the larger structure;
(D) A modular home constructed off-site;
(E) A manufactured dwelling;
(F) A floating home as defined in ORS 830.700; or
(G) An appurtenance to a home, structure, unit or dwelling
described in subparagraphs (A) to (F) of this paragraph.
(b) 'Residential structure' does not mean:
(A) Subject to paragraph (a)(C) of this subsection, a structure
that contains both residential and nonresidential units;
(B) Transient lodging;
(C) A residential school or residence hall;
(D) A state or local correctional facility other than a local
facility for persons enrolled in work release programs maintained
under ORS 144.460;
(E) A youth correction facility as defined in ORS 420.005;
(F) A youth care center operated by a county juvenile
department under administrative control of a juvenile court
pursuant to ORS 420.855 to 420.885;
(G) A detention facility as defined in ORS 419A.004;
(H) A nursing home;
(I) A hospital; or
(J) A place constructed primarily for recreational activities.
{ - (16) - } { + (19) + } 'Responsible managing individual'
means an individual who:
(a) Is an owner described in ORS 701.094 or an employee of the
business;
(b) Exercises management or supervisory authority, as defined
by the board by rule, over the construction activities of the
business; and
(c)(A) Successfully completed the training and testing required
for licensing under ORS 701.122 within a period the board
identifies by rule;
(B) Demonstrated experience the board requires by rule; or
(C) Complied with the licensing requirements of ORS 446.395.
{ - (17) - } { + (20) + } 'Small commercial structure'
means:
(a) A nonresidential structure that has a ground area of 10,000
square feet or less, including exterior walls, and a height of
not more than 20 feet from the top surface of the lowest flooring
to the highest interior overhead finish of the structure;
(b) A nonresidential leasehold, rental unit or other unit that
is part of a larger structure, if the unit has a ground area of
12,000 square feet or less, excluding exterior walls, and a
height of not more than 20 feet from the top surface of the
lowest flooring to the highest interior overhead finish of the
unit;
(c) A nonresidential structure of any size for which the
contract price of all construction contractor work to be
performed on the structure as part of a construction project does
not total more than $250,000; or
(d) An appurtenance to a structure or unit described in
paragraphs (a) to (c) of this subsection.
{ - (18) - } { + (21) + } 'Specialty contractor' means a
contractor who performs work on a structure, project, development
or improvement and whose operations as such do not fall within
the definition of ' general contractor.' 'Specialty contractor'
includes a person who performs work regulated under ORS 446.395.
{ - (19) - } { + (22) + } 'Zero-lot-line dwelling' means a
single-family dwelling unit constructed in a group of attached
units in which:
(a) Each attached unit extends from foundation to roof with
open space on two sides; and
(b) Each dwelling unit is separated by a property line.
SECTION 8. { + As used in ORS 652.110 to 652.200:
(1) 'Employ' has the meaning given that term in ORS 653.010.
(2) 'Employee' has the meaning given that term in ORS 653.010.
(3) 'Employer' has the meaning given that term in ORS
653.010. + }
SECTION 9. { + As used in ORS 652.610 to 652.640:
(1) 'Employ' has the meaning given that term in ORS 653.010.
(2) 'Employee' has the meaning given that term in ORS 653.010.
(3) 'Employer' has the meaning given that term in ORS
653.010. + }
SECTION 10. ORS 652.750 is amended to read:
652.750. (1) As used in this section:
{ + (a) 'Employ' has the meaning given that term in ORS
653.010.
(b) 'Employee' has the meaning given that term in ORS
653.010. + }
{ - (a) - } { + (c) + } 'Employer' has the meaning given
that term in ORS
{ - 656.005 - } { + 653.010 + }.
{ - (b) - } { + (d) + } 'Personnel records' does not
include records of an individual relating to the conviction,
arrest or investigation of conduct constituting a violation of
the criminal laws of this state or another state or the United
States, confidential reports from previous employers or records
maintained in compliance with ORS 351.065.
{ - (c) - } { + (e) + } 'Public safety officer' has the
meaning given that term in ORS 236.350.
(2) Except as provided in subsection (7) of this section,
within 45 days after receipt of an employee's request, an
employer shall provide reasonable opportunity for the employee to
inspect, at the place of employment or place of work assignment,
the personnel records of the employee that are used or have been
used to determine the employee's qualification for employment,
promotion, additional compensation or employment termination or
other disciplinary action. Within 45 days after receipt of the
employee's request, the employer shall furnish a certified copy
of the records.
(3) Upon termination of employment, the employer shall keep the
terminated employee's personnel records for not less than 60
days. Within the 60-day period, the employer shall provide the
employee with a certified copy of the records within 45 days of
receiving the employee's request. After the 60-day period, the
employer shall provide the certified copy within 45 days of
receiving the employee's request if the employer has the records
at the time of the request.
(4) Notwithstanding the time periods described in subsections
(2) and (3) of this section, if the employee's personnel records
are not readily available, the employer and the employee may
agree to extend the time within which the employer must provide
the employee reasonable opportunity to inspect the records or
furnish the employee a certified copy of the records.
(5) For the services referred to in subsections (2) and (3) of
this section only, an employer may charge an employee no more
than an amount reasonably calculated to recover the actual cost
of providing the services.
(6)(a) Except as provided in paragraphs (b) and (c) of this
subsection, an employer may not place an adverse comment in the
personnel records of a public safety officer unless the officer
has first read and signed the document containing the adverse
comment.
(b) If a public safety officer refuses to sign a document
containing an adverse comment, the employer may place the
document in the officer's personnel records with a notation that
the document was presented to the officer and the officer refused
to sign it.
(c) If a public safety officer is not available to read and
sign the document containing an adverse comment at the work
location where the personnel files are maintained, the employer
may place the document in the officer's personnel records and
mail a copy of the document to the officer by regular mail or
interoffice mail.
(d) A public safety officer may write a response within 30 days
of being presented with a document containing an adverse comment.
If a public safety officer writes a response to a document
containing an adverse comment, the response must be attached to
the original document and placed in the officer's personnel
records.
(7)(a) Upon request, a public safety officer may inspect the
officer's own personnel records at a reasonable time at the
location where the records are kept by the employer.
(b) If, after inspection, a public safety officer believes that
any portion of the material is mistakenly or unlawfully placed in
the officer's personnel records, the officer may request in
writing that the mistaken or unlawful material be corrected or
deleted. The request must describe the corrections or deletions
requested and the reasons supporting the request and provide any
documentation that supports the request. The employer shall
respond within 30 days from the date the request is received. If
the employer does not correct or delete the material, the
employer shall place the request and the employer's response to
the request in the officer's personnel records.
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