Or. Admin. Code § 839-015-0130

Current through Register Vol. 63, No. 10, October 1, 2024

Section 839-015-0130 - Exemptions from Licensing

Unless indicated otherwise within this rule, the following persons are not required to obtain a labor contractor's license:

(1) A farmer or owner or lessee of land intended to be used for the production of timber dealing with workers or worker groups only concerning employment in their own operation.

(2) A nursery owner or operator dealing with workers or worker groups only concerning employment in their own operations.

(3) A processor of farm products dealing with workers or worker groups only concerning employment in their own farm operations.

(4) A permanent employee of a farmer, nursery owner, or processor of farm products, or a permanent employee of an owner or lessee of land intended to be used for the production of timber so long as the employee is engaged solely in activities which would not require the employer to be licensed if the employer were performing the activity.

(5) A person engaged only in the solicitation or recruitment of workers for agricultural day-haul work and not engaged in arranging for board or lodging for migrant workers and not performing as an employer of the workers.

(6) A platoon leader.

(7) A leader, or a leader's agent, of an organization operating as a labor union, provided that the only payment received from the workers is in the form of membership dues for which the workers are accorded membership status in the conduct of the affairs of the organization.

(8) An employee of a labor contractor except for any employee who:

(a) Recruits, solicits, supplies or employs workers on behalf of the labor contractor; or

(b) For an agreed remuneration or rate of pay recruits, solicits, supplies or employs workers to perform labor for any other person in construction, forestation or reforestation of lands or the production or harvesting of farm products; or

(c) Recruits, solicits, supplies or employs workers to gather wild forest products; or

(d) Furnishes board or lodging for such workers (but cooks employed by the contractor are not required to be licensed by reason of this sole activity); or

(e) On his or her own behalf bids or submits prices on contracts offers for those activities or enters into a subcontract with another for any of those activities.

(9) A crew leader provided that if the crew leader engages in any activity or receives any compensation with respect to any worker which exceed the permitted activities or compensation allowed by the definition in OAR 839-015-0004(8)(a), the crew leader is not exempt with respect to any activities or workers.

(10) A person who is primarily a supplier of on-farm equipment (sheep shearer, potato digger, or other farm machinery) or cottonwood tree harvesting machines unless the person also supplies temporary workers other than workers engaged in driving or maintaining the equipment.

(11) The advertising media.

(12) Employees of the Employment Department who are acting within the scope of their employment.

(13) A person performing work of a mental, technical, professional or managerial nature as defined in OAR 839-015-0004(20).

(14) An individual who performs work, other than recruiting, soliciting, supplying or employing workers to perform labor for another, or recruiting, soliciting, supplying or employing workers to gather wild forest products, alone or with only the assistance of the individuals named in section (15) of this rule.

(15) The spouse, son, daughter, brother, sister, mother or father of the individuals named in sections (14) and (16) of this rule.

(16) Individuals who perform labor in connection with an agreement for the exchange of labor or services with each other, provided that the work is performed on land owned or leased by the individuals, and provided further that the labor or services involved are performed solely by said individuals, their immediate families as specified in section (15) of this rule, or their permanent employees.

(17) An educational institution which is recognized as such by the Oregon Department of Education.

(18) An individual who collects tree seed cones or an individual who buys tree seed cones from other individuals. This section applies to individuals only and not to persons who are otherwise defined as labor contractors.

(19) Persons who recruit, solicit, supply or employ workers to perform labor under a contract or agreement solely for the following activities, provided that the person performs no other activities which would require licensing:

(a) Stream or creek debris removal;

(b) Provision of security services;

(c) Any activity which does not have the primary purpose of construction, performance of janitorial services, forestation or reforestation of lands, the gathering of wild forest products or of production or harvesting of farm products.

(20) Persons engaged in logging operations who would only otherwise be farm or forest labor contractors because they engage in reforestation activities that are incidental to contracts the primary purpose of which is the sale of timber, provided that they perform such incidental reforestation work using their own employees. If the incidental reforestation activities are carried out using a subcontractor, the subcontractor is required to be licensed.

(21) A person who performs labor contracting activity upon real property solely in the execution of a contract for construction between the person and an owner of the real property upon which the construction work is to be performed;

(22) A person who performs labor contracting activity solely to perform construction work related to a building permit obtained by the person;

(23) A person who performs labor contracting activity solely with respect to a construction project for which the person has supplied building materials or machinery, other than manual tools or hand-operated power tools;

(24) An owner of the real property upon which work is to be performed who engages in the solicitation or recruitment of persons to perform construction work on the owner's property;

(25) A labor union;

(26) A local joint apprenticeship committee formed under ORS 660.135;

(27) For purposes of an exemption to the construction labor contractor requirements only, a staffing agency, if the staffing agency:

(a) Currently provides workers' compensation coverage for all employees as required by ORS 656;

(b) Currently pays employment and income taxes in accordance with applicable law; and

(c) Has not failed in the previous 36 months to provide workers' compensation for all employees as required by ORS 656 or to pay employment or income taxes in accordance with applicable law.

(A) A staffing agency that fails to keep required records or file required reports or files false reports under wage, tax or workers' compensation law is not regarded as being in compliance with workers' compensation and employment or income taxes.

(B) A violation of workers' compensation or employment or income tax law that has been or is being committed by a staffing agency will count to disqualify the agency from the exemption regardless of whether an employee has complained of the violation or the staffing agency has been previously cited or fined for the violation.

(C) Failure to pay employment taxes on wages that are owed to employees of the staffing agency is a violation of employment tax law regardless of whether the wages have been paid to the employees.

(28) Any employee of a property services contractor who is licensed under ORS 658.405 to 658.503.

Or. Admin. Code § 839-015-0130

BL 6-1984, f. & ef. 4-27-84; BL 16-1988, f. & cert. ef. 12-13-88; BL 3-1990, f. & cert. ef. 3-1-90; BL 2-1996, f. & cert. ef. 1-9-96; BL 5-1996, f. 6-14-96, cert. ef. 7-1-96; BLI 7-2000, f. & cert. ef. 2-23-00; BLI 3-2006, f. 2-16-06, cert. ef. 3-1-06; BLI 13-2014, f. 11-14-14. cert. ef. 7-1-15; BLI 4-2017, amend filed 11/30/2017, effective 1/1/2018; BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018; BLI 19-2018, amend filed 09/12/2018, effective 9/14/2018

Statutory/Other Authority: ORS 658.407

Statutes/Other Implemented: ORS 658.405 - 658.503 & OL Ch. 008 (2018)