Oregon Administrative Rules Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Overview of Oregon Administrative Rules Chapter 839 - Bureau of Labor and Industries
The Oregon Bureau of Labor and Industries (BOLI) is a state agency tasked with enforcing labor laws, civil rights protections, wage and hour standards, and apprenticeship programs in Oregon.
Chapter 839 of the Oregon Administrative Rules establishes the administrative rules that govern how BOLI operates. It provides detailed procedures and regulations for enforcement of labor standards, anti-discrimination laws, licensing, wage claims, and other labor-related activities.
Key Areas Covered by OAR Chapter 839
1. Wage and Hour Rules
Enforcement of Oregon’s minimum wage laws, overtime pay, meal and rest breaks, and wage payment requirements.
Procedures for filing and investigating wage claims.
Rules for deductions from wages and recordkeeping requirements for employers.
2. Employment Discrimination and Civil Rights
Enforcement of Oregon’s anti-discrimination laws covering employment, housing, and public accommodations.
Procedures for filing complaints of discrimination based on protected classes such as race, sex, disability, religion, and more.
Guidelines for investigations, hearings, and remedies.
3. Apprenticeship Programs
Regulation of apprenticeship standards, including registration and oversight of apprenticeship programs.
Rules for training, program approval, and compliance with federal and state apprenticeship laws.
4. Labor Standards and Workplace Safety
Rules addressing labor standards in industries like construction, agriculture, and manufacturing.
Compliance requirements for prevailing wage laws on public projects.
5. Licensing and Certification
Procedures for licensing contractors, employment agencies, and other regulated entities.
Standards for issuing, suspending, or revoking licenses.
Relevant Case Law Involving BOLI and OAR Chapter 839
Oregon courts have addressed many legal issues arising from BOLI’s enforcement actions and the administrative rules in Chapter 839. Here are a few notable cases:
1. Employment Discrimination and Administrative Procedures
Hill v. Legacy Health System, 190 Or App 313 (2003)
Issue: Challenges to BOLI’s administrative handling of a workplace discrimination complaint.
Holding: The Oregon Court of Appeals upheld BOLI’s authority to investigate discrimination complaints and affirmed the procedures outlined in OAR 839 for administrative hearings.
Bethel v. State of Oregon, 289 Or 351 (1980)
Issue: Whether BOLI’s interpretation of civil rights statutes and administrative rules was reasonable.
Holding: The Oregon Supreme Court deferred to BOLI’s interpretation under the doctrine of agency expertise, confirming that BOLI’s rules in Chapter 839 carry the force of law.
2. Wage and Hour Enforcement
McCarty v. Randall’s Food Markets, Inc., 260 Or App 86 (2013)
Issue: Interpretation of wage payment and overtime rules under BOLI regulations.
Holding: The court upheld BOLI’s enforcement of wage claims consistent with OAR 839, emphasizing protections for workers under Oregon wage laws.
State ex rel. BOLI v. Lankford, 300 Or 1 (1985)
Issue: Whether an employer violated wage and hour rules.
Holding: The Oregon Supreme Court supported BOLI’s administrative findings and enforcement powers under the wage and hour provisions of OAR 839.
3. Apprenticeship Program Compliance
BOLI v. Northwest Apprenticeship Council, 199 Or App 123 (2005)
Issue: Dispute over the approval and administration of apprenticeship programs under BOLI rules.
Holding: The court recognized BOLI’s broad regulatory authority over apprenticeship programs, reinforcing the administrative framework in OAR 839.
Summary
OAR Chapter 839 governs the Bureau of Labor and Industries’ regulatory authority over labor laws, civil rights enforcement, wage claims, apprenticeship programs, and licensing.
The rules provide detailed administrative procedures for investigations, hearings, and enforcement actions by BOLI.
Oregon courts generally uphold BOLI’s authority and the administrative rules in Chapter 839, emphasizing the agency’s expertise and statutory mandate.
The Chapter 839 rules ensure protections for employees, regulate fair labor practices, and promote equal opportunity in Oregon workplaces.
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