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Oregon Bulletin

September 1, 2013

Employment Department, Chapter 471

Rule Caption: Automated Job Listings

Adm. Order No.: ED 1-2013(Temp)

Filed with Sec. of State: 7-16-2013

Certified to be Effective: 7-16-13 thru 12-31-13

Notice Publication Date:

Rules Amended: 471-020-0010, 471-020-0035

Subject: Update restrictions on Employment Department job listings to provide a richer job listing service to customers, while working in conjunction with partner staff and staying in compliance with all applicable state and federal regulations.

Rules Coordinator: Courtney Brooks—(503) 947-1724

471-020-0010

Definitions

As used in OAR 471-020-0010 to 471-020-0035, unless the context requires otherwise:

(1) “Accepted” means a job listing is reviewed and managed by authorized Employment Department or partner staff.

(2) “Active Status” means a period beginning when an individual is eligible to receive and is being paid unemployment insurance benefits pursuant to OAR 471-030-0036, and ending at Saturday midnight of the third week following the week in which the most recent benefit payment was issued to the individual.

(3) “Enrollment” means entry of information provided under ORS 657.159, 657.715, 657.720 or OAR 471-020-0020 into the Business & Employment Services online job match system.

(4) “Job attached” means:

(a) An individual with a definite return-to-work date; or

(b) An individual who obtains all work assignments through a closed union hiring hall.

(5) “Matching process” means the process of comparing an individual’s knowledge, skills and abilities for referral to an employer’s job opening.

(6) “Qualified” means the individual’s skills and experience meet or exceed the employer’s job requirements.

(7) “Profiled” means the application of a ranking system, using criteria established in OAR 471-030-0034, to establish the relative likelihood of a claimant exhausting the maximum benefit amount available in a benefit year.

(8) “Reemployment Services” may include any of the services listed in ORS 657.156(1)(b) and includes subsidized employment.

(9) “Stream” means an electronic transfer or exchange of information or data.

(10) “Subsidized” means a job listing or employment that meets the requirements of ORS 411.892.

(11) “Suitable” means the factors listed in ORS 657.190 and 657.195.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.156 & 657.159

Hist.: ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99; ED 4-1999, f. 6-29-99, cert. ef. 7-4-99; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04; ED 8-2005, f. 12-23-05, cert. ef. 12-25-05; ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13

471-020-0035

Job Listings

(1) All job listings accepted by authorized Employment Department or partner staff must:

(a) Be for an identifiable current job opening, or an identifiable future job opening;

(b) Establish an employer-employee relationship;

(c) Pay at least minimum wage, unless exempted by state or federal law; and

(d) Not contain terms or conditions of employment contrary to state or federal law.

(2) The Employment Department will not list job listings replacing workers that are out of work due to a labor dispute, as defined in OAR 471-030-0097.

(3) No job listing will be accepted that charges a fee to candidates, unless:

(a) The fee is for a drug test and is charged only to individuals who have been offered work contingent on passing the drug test;

(b) The fee is for a physical examination to determine that the job offered is within the physical capabilities of the applicant and is only charged to individuals who have been offered work contingent upon passing the physical examination; or

(c) The fee is for a license, test or check (such as a background check) that is required by statute or law and is charged only to individuals who have been offered work contingent on obtaining the required license or passing the required test or check.

(4) Unless the conditions of any job listing can reasonably be shown to be a “bona fide occupational requirement” (BFOQ), as determined by the Department, all employers making use of the Employment Department’s job listing system will abide by all state and federal laws relating to Equal Employment Opportunity, including prohibition against discrimination on the basis of:

(a) Race, color, or ethnicity;

(b) Religion;

(c) National origin;

(d) Sex;

(e) Age;

(f) Physical or mental disability; or

(g) Marital status.

(5) Job listings streamed from outside sources that are not staff accepted may be immediately made available to customers. If any of these listings are found to be out of compliance with Federal and State laws and rules, the agency will take necessary action to remedy.

(6) The Employment Department shall evaluate all requests to accept job listings streamed from outside sources. If the agency finds a request to be viable, the agency shall enter in a written agreement prior to data exchange.

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610 & 657.705 - 657.725

Hist.: ED 3-2003, f. 2-14-03, cert. ef. 2-16-03; ED 6-2003, f. 4-25-03, cert. ef. 4-27-03; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04; ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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