Oregon Revised Statutes Chapter 653 § 653.555 — Definitions for ORS 653.555 to 653.558

Definitions for ORS 653.555 to 653.558. As used in ORS 653.555 to 653.558: (1) “Defined time period” means any unit of time measurement equal to or less than the duration of an employee’s shift, including but not limited to hours, minutes, seconds and any fraction of those units of time. (2)(a) “Employee” means an employee who is subject to federal or state laws relating to minimum wage and overtime and who works at a warehouse distribution center. (b) “Employee” does not include a driver or courier to or from a warehouse distribution center. (3) “Employer” means a person who directly or indirectly, through an agent or any other person, including through the services of a third-party, temporary services or staffing agency or any other similar entity, employs or exercises control over the wages, hours or working conditions of the employees employed at a warehouse distribution center of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in this state. (4) “Quota” means a work standard under which an employee is assigned or required to perform at a specified productivity or speed, perform a quantified number of tasks or handle or produce a quantified number of materials, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. (5)(a) “Warehouse distribution center” means an establishment engaged in any services relating to: (A) Warehousing and storage, as that term is used in the 2022 North American Industry Classification System code 493. (B) Merchant wholesale of durable goods, as those terms are used in the 2022 North American Industry Classification System code 423. (C) Merchant wholesale of nondurable goods, as those terms are used in the 2022 North American Industry Classification System code 424. (D) Retailing using electronic shopping and mail-order houses, as those terms are used in the 2017 North American Industry Classification System code 454110. (b) “Warehouse distribution center” does not mean an establishment engaged in any services relating to: (A) Farm product warehousing and storage, as those terms are used in the 2022 North American Industry Classification System code 493130. (B) Refrigerated warehousing and storage, as those terms are used in the 2022 North American Industry Classification System code 493120. (C) Merchant wholesale of professional medical, dental and hospital equipment and supplies, as those terms are used in the 2022 North American Industry Classification System code 423450. (D) Merchant wholesale distribution of drugs and druggists’ sundries, as those terms are used in the 2022 North American Industry Classification System code 424210. (E) Couriers and express delivery services, as those terms are used in the 2022 North American Industry Classification System code 492110. (F) Merchant wholesale distribution of carbonated beverages, as those terms are used in the 2022 North American Industry Classification System code 424490. (G) Merchant wholesale distribution of wine and distilled alcoholic beverages, as those terms are used in the 2022 North American Industry Classification System code 424820. (H) Merchant wholesale distribution of beer and ale, as those terms are used in the 2022 North American Industry Classification System code 424810. (6)(a) “Work speed data” includes any of the following information that is collected or maintained by an employer for purposes of evaluating an employee’s performance regarding meeting a quota to which the employee is subject: (A) The quantity of tasks performed; (B) The quantity of items or materials handled or produced; (C) The rate or speed at which the employee performs assigned tasks; (D) Measurements or metrics of employee performance in relation to an applicable quota; and (E) Time categorized as performing tasks or not performing tasks. (b) “Work speed data” does not include data or information that does not relate to the performance of a quota, including but not limited to: (A) Qualitative performance assessments; (B) Personnel records; and (C) Itemized wage statements required under ORS 652.610. [2024 c.36 §2]