ORS 652.020
Maximum working hours in certain industries

  • overtime hours and pay
  • exemptions
  • penalties

(1)

As used in this section:

(a)

“Machinery” means material-handling equipment and power-driven machines powered by electricity, nuclear or fossil fuels, hydroelectric power, geothermal power or another power source other than by human hand, foot or breath.

(b)

“Manufacturing” means the process of using machinery to transform materials, substances or components into new products.

(c)

“Manufacturing establishment” means an establishment engaged in manufacturing.

(d)

“Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish.

(e)

“Undue hardship period” means the period of time during which perishable product must be processed after harvesting, slaughter or catch.

(f)

“Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

(2)

Intentionally left blank —Ed.

(a)

Except as provided in paragraphs (b) and (c) of this subsection and subsection (3) of this section, an employer may not require or permit an employee employed in any mill, factory or other manufacturing establishment in this state to work more than:

(A)

10 hours in any one day; or

(B)

55 hours in any one workweek.

(b)

An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek.

(c)

Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (4) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work:

(A)

Up to 84 hours per workweek for four workweeks; and

(B)

Up to 80 hours per workweek for the remainder of the undue hardship period.

(d)

Except as provided in subsection (3) of this section, an employer may not require or permit an employee employed in a sawmill, planing mill, shingle mill or logging camp to work more than:

(A)

Eight hours, exclusive of one hour, more or less, in one day; or

(B)

48 hours in one workweek.

(3)

Intentionally left blank —Ed.

(a)

An employee may work overtime up to three hours more than the applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section.

(b)

An employer shall compensate an employee who works overtime hours described in paragraph (a) of this subsection at one and one-half times the employee’s regular rate of pay for each overtime hour or portion of an hour the employee works.

(c)

An employer shall calculate an employee’s overtime compensation on a daily basis under paragraph (b) of this subsection and on a weekly basis under ORS 653.261 (Minimum employment conditions) (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than:

(A)

The applicable limit for the maximum allowable hours of employment in one day as described in subsection (2) of this section; and

(B)

Forty hours in one workweek as described in ORS 653.261 (Minimum employment conditions) (1).

(d)

An employer that makes an overtime payment to an employee pursuant to paragraph (c) of this subsection satisfies the overtime compensation requirements under this subsection and ORS 653.261 (Minimum employment conditions) (1).

(4)

Intentionally left blank —Ed.

(a)

An employer is eligible for an undue hardship period exemption from the restrictions on maximum workweek hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer’s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer’s undue hardship period exemptions may not exceed 21 workweeks in a calendar year.

(b)

To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period.

(c)

Intentionally left blank —Ed.

(A)

The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner.

(B)

The employee’s written consent shall be in a form prescribed by the commissioner by rule and include:
(i)
A description of the employer’s reasons for the undue hardship period;
(ii)
The start and expected end dates of the undue hardship period;
(iii)
A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period;
(iv)
A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period;
(v)
A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period;
(vi)
Contact information for the Bureau of Labor and Industries; and
(vii)
Any other information required by the commissioner.

(5)

An employer may not:

(a)

Require any employee employed in a mill, factory or other manufacturing establishment in this state to begin a work shift less than 10 hours after the end of the employee’s previous work shift if the employee’s previous work shift totaled eight or more hours, unless the employer requires the employee to work additional hours due to disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer’s control;

(b)

Require or permit any employee to work in any place described in this section for more hours than the hours provided for in this section during any day of 24 hours;

(c)

Permit an overseer, superintendent or other agent of the employer to violate this section; or

(d)

Coerce an employee into consenting to work more than 55 hours in a given workweek.

(6)

This section does not apply to:

(a)

An employee performing work as a member of a logging train crew, as a guard or as a boiler operator;

(b)

An employee engaged in the transportation of workers to and from work;

(c)

An employee engaged in the care of quarters or livestock, the conducting of mess halls, the superintendence and direction of work or the loading and removal of finished forest product;

(d)

An employee when engaged in making necessary repairs or in the case of emergency where life or property is in imminent danger; or

(e)

An employee employed in a mill, factory or other manufacturing establishment whose principal duties are administrative in nature or who is not otherwise engaged in the direct processing of goods in the usual course of the employee’s duties.

(7)

Subsections (2) to (5) of this section do not apply to employees who are represented by a labor organization for purposes of collective bargaining with their employer, provided limits on the required hours of work and overtime payment have been agreed to between the employer and labor organization, or if no agreement is reached, then, for the purposes of this subsection, such limits and payments shall not be deemed to be changed from the previous collective bargaining agreement between the employer and labor organization unless the employees have been locked out or are engaged in a strike or the employer has unilaterally implemented new terms and conditions of employment.

(8)

Intentionally left blank —Ed.

(a)

In addition to any other remedy provided by law, an employee has a private cause of action against an employer if the employer violates subsection (2) or (3) of this section by requiring the employee to work more than:

(A)

Three hours more than the applicable limit for the maximum allowable hours of employment in one day; or

(B)

The applicable limit for the maximum allowable hours of employment in one workweek.

(b)

If the employee prevails in an action under this section, the court may enter judgment against the employer for:

(A)

Actual damages or $3,000 per claim, whichever is greater;

(B)

Equitable relief; and

(C)

Liquidated damages in an amount equal to twice the employee’s overtime wages earned during the period not allowed under subsection (2) or (3) of this section.

(c)

In an action brought under this section, the court may award to the prevailing plaintiff costs, disbursements and reasonable attorney fees. Any attorney fee agreement is subject to approval by the court.

(9)

Intentionally left blank —Ed.

(a)

Notwithstanding ORS 652.900 (Civil penalties), in addition to any other penalty provided by law, the commissioner may assess the following civil penalties against an employer that the commissioner determines has coerced an employee into consenting to work more than 55 hours in one workweek:

(A)

$2,000 per violation if the employer coerced an employee into consenting under subsection (2)(b) of this section to work more than 55 hours in any given workweek; or

(B)

$3,000 per violation if the employer coerced an employee into consenting under subsection (4) of this section to work more than 55 hours per workweek in any given workweek during an undue hardship period.

(b)

Each violation described in paragraph (a) of this subsection is a separate and distinct offense. In the case of a continuing violation, each workweek’s continuance is a separate and distinct violation.

(c)

Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures). All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 652.900 (Civil penalties). [Amended by 1989 c.852 §1; 1991 c.67 §157; 1999 c.59 §190; 2011 c.348 §1; 2017 c.685 §§1,2]

Source: Section 652.020 — Maximum working hours in certain industries; overtime hours and pay; exemptions; penalties, https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html.

652.010
Declaration of public policy concerning maximum working hours in certain industries
652.020
Maximum working hours in certain industries
652.030
Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states
652.035
Violations of certain laws relating to maximum working hours and minimum employment conditions
652.040
Maximum working hours in mines
652.050
Definitions for ORS 652.050 to 652.080
652.060
Maximum working hours for firefighters
652.070
Overtime pay for firefighters
652.080
Computing hours on duty for purposes of ORS 652.060 and 652.070
652.100
False information related to hours worked or compensation received by employees
652.110
Method of paying employees
652.120
Establishing regular payday
652.125
Bond required when failure to make timely wage payment occurs
652.130
Payment of wages due persons employed on piece work scale or quantity basis in forest product industries
652.140
Payment of wages on termination of employment
652.145
Payment of wages for seasonal farmworkers
652.150
Penalty wage for failure to pay wages on termination of employment
652.160
Payment in case of dispute over wages
652.165
Rules for wage collection and payment
652.170
Payment of wages in case of strikes
652.190
Payment of wages to surviving spouse or dependent children
652.195
Liability for dishonored check for payment of wages
652.200
Attorney fee in action for wages
652.210
Definitions for ORS 652.210 to 652.235
652.220
Prohibition of discriminatory wage rates based on sex
652.230
Employee right of action against employer for unpaid wages and damages
652.235
Motion to disallow award of compensatory and punitive damages
652.240
Paying wage lower than that required by statute or contract prohibited
652.250
Public employee’s wages as affected by absence to engage in search or rescue operation
652.260
Payment to nurses providing home health or hospice services
652.310
Definitions of employer and employee
652.320
Definitions for ORS 652.310 to 652.414
652.330
Powers and duties of commissioner in enforcing wage claims
652.332
Administrative proceeding for wage claim collection
652.333
Wage claims against licensed construction contractors and businesses
652.335
Liability of liquor dispenser licensee for wage claims of certain individuals
652.340
Requiring bond of employer
652.355
Prohibition of discrimination because of wage claim or refusal to work additional hours
652.360
Contract exempting employer from liability or penalty not valid
652.370
Jurisdiction of courts
652.380
Remedies cumulative
652.390
Deduction of costs from wage claims
652.400
Deposit of moneys in Wage Collection Account
652.405
Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto
652.409
Wage Security Fund
652.414
Procedure for payment from fund
652.420
Definitions for ORS 652.420 to 652.445
652.425
Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims
652.430
Assigning wage claim to labor bureau of another state
652.435
Accepting assignments of wage claims from labor bureau of another state
652.440
Retention by commissioner or labor bureau of percentage of funds collected
652.445
Deposit of moneys in Wage Collection Account
652.500
Receiver to pay accrued wages
652.510
Payment of wage claims by receivers, assignees or court
652.515
Effect of Oregon Receivership Code
652.520
Form of statement of wage claim
652.530
Serving copy of statement
652.540
Exception to claim
652.550
Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale
652.560
Costs and attorney fees
652.570
Priority of wage claims over transfers in payment of preexisting obligations
652.610
Itemized statement of amounts and purposes of deductions
652.615
Remedy for violation of ORS 652.610
652.620
Statement of yearly compensation on request of employee
652.630
Definitions for ORS 652.630 to 652.640
652.635
Producers to post certain terms of employment
652.640
Itemized statement of compensation and deductions required
652.710
Fees collected by employer for medical care contracts are trust funds
652.720
Prohibited use by employer of fees for medical care contracts withheld from employee wages
652.750
Inspection of records by employee
652.752
Federal inspections of employee verification records
652.753
Commissioner of Bureau of Labor and Industries to generate notice template for employers
652.755
Rules regarding notice to employees about state and federal earned income tax credits
652.900
Civil penalties
652.990
Criminal penalties
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