- (1) The purpose of the rules in OAR chapter 407, division 025 are to implement Oregon’s Employment First Policy. This policy supports individuals with intellectual or developmental disabilities to obtain, maintain, and advance in competitive integrated employment in the general workforce in accordance with ORS 427.007(1).
(2) Under Oregon’s Employment First Policy, Oregonians with intellectual or developmental disabilities earn competitive wages and benefits alongside coworkers without disabilities. All services must support this outcome of competitive integrated employment.
(3) Oregon does not fund services in sheltered workshops or segregated work settings.
(4) Employment services provided under these rules must be in settings that meet requirements under federal, state, and local wage and hour laws.
(a) Employed individuals with disabilities must be paid for work at a rate that is equal to, or better than, the hourly minimum wage rate required in ORS 653.025, unless an exception applies for all employees without regard to disability.
(b) In Oregon, an employer may not rely on a special certificate issued under 29 U.S.C. section 214(c) to employ individuals with disabilities at a rate lower than the hourly minimum wage rate.
(5) The Department shall ensure employment services available under various funding streams align with federal rules and regulations to promote competitive integrated employment outcomes and career advancement for individuals with intellectual or developmental disabilities.
(6) The Department shall employ good-faith efforts to request and seek funding, appropriations, limitations, allotments, or other expenditure authority sufficient to allow the Department to advance Oregon’s Employment First policies.
Statutory/Other Authority
ORS 409.050 & Oregon Laws 2025, Chapter 228 (Senate Bill 810)
Statutes/Other Implemented
ORS 409.050, 427.007 & Oregon Laws 2025, Chapter 228 (Senate Bill 810)
History
DHS 3-2025, amend filed 12/23/2025, effective 01/01/2026
DHSD 5-2015, f. 8-7-15, cert. ef. 8-9-15
DHSD 2-2015(Temp), f. & cert. ef. 2-11-15 thru 8-9-15
DHSD 4-2013, f. & cert. ef. 10-1-13