(1) ORS 653.412 to 653.485 apply to an employee who is employed by an employer, as defined in ORS 652.310, that is also one or more of the following: (a) A retail establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise. (b) A hospitality establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise. (c) A food services establishment that employs 500 or more employees worldwide, including but not limited to a chain or an integrated enterprise. (2) To determine the number of employees employed by an employer, the calculation shall be based upon the average number of employees employed on each working day during each of 20 or more workweeks in the current calendar year or immediately preceding calendar year. (3) Separate entities that form an integrated enterprise are considered a single employer under ORS 653.412 to 653.485. Separate entities will be considered an integrated enterprise and a single employer under ORS 653.412 to 653.485 where a separate entity controls the operation of another entity. The factors to consider in determining whether separate entities form an integrated enterprise include, but are not limited to: (a) The degree of interrelation between the operations of multiple entities; (b) The degree to which the entities share common management; (c) The degree to which the entities have centralized control of labor relations; and (d) The degree of common ownership or financial control over the entities. (4) The Commissioner of the Bureau of Labor and Industries shall adopt rules in accordance with the provisions of subsection (3) of this section regarding how to determine when separate entities form an integrated enterprise for the purposes of ORS 653.412 to 653.485. Note: See second note under 653.412.
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