Oregon Homeworkers/ Telecommuting laws & compensation compliance analysis

Oregon Homeworkers/ Telecommuting: What you need to know

Private employers. "Telecommuting" is defined as working from the employee's home or from an office near the employee's home 1 or several days per week, rather than from the principal place of employment (OR Rev. Stat. Sec. 240.855).
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Minimum wage. Telecommuters classified as nonexempt must be paid at least minimum wage and time and a half for hours worked in excess of 40 in a workweek (OR Rev. Stat. Ch. 653).
State workers. The state of Oregon has a policy (HR Policy 50.050.01) to encourage state agencies to allow their employees to telecommute when there are opportunities for improved employee performance, reduced commuting miles, or agency savings, and when the practice does not conflict with collective bargaining agreements. Each state agency must create a written policy defining specific criteria and procedures for telecommuting and sign a telecommuting agreement with each participating employee (OR Rev. Stat. Sec. 240.855).
Local programs. Some local government entities, such as the city of Portland, have established their own telecommuting programs. Check with your local chamber of commerce to see if there are such programs in your area.
Under Oregon law, “homeworker” is defined as an employee who produces goods or services for an employer in or about a home in which the employee or other employees reside, regardless of the source of materials used by the homeworker in production of goods or services (OR Admin. Rules Sec. 839-020-0070).
Minimum wage and overtime. Homeworkers must be paid at least minimum wage and time and a half for hours worked in excess of 40 in a workweek.
Recordkeeping. Employers must keep records for each homeworker and retain the records for 2 years. The records must ...

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