ORS 653.268¹
Overtime for labor directly employed by public employers

(1) Labor directly employed by any public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.782) shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.

(2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 (Definitions for ORS 243.650 to 243.782) to 243.782 (Representation by counsel authorized) or other employees from negotiating additional overtime pay requirements with a public employer. [Formerly 279.340]

Notes of Decisions

State manage­ment employees were eligible for overtime pay or compensatory time during two-year period governed by 1995 version of ORS 279.342 (renumbered ORS 653.269 (Exceptions to ORS 653.268)). Young v. State of Oregon, 161 Or App 32, 983 P2d 1044 (1999), Sup Ct review denied

Person is "directly employed" by public employer if job results from public employer itself obtaining or arranging to obtain services of per­son without intermediate instru­mentality or event. Young v. State of Oregon, 177 Or App 295, 33 P3d 995 (2001); Young v. State of Oregon, 189 Or App 493, 77 P3d 321 (2003)

For salaried employee, "regular rate" means rate determined by dividing weekly salary by 40 hours. Young v. State of Oregon, 340 Or 401, 133 P3d 915 (2006)

Atty. Gen. Opinions

Construing "labor directly employed" by county to include employes generally, (1972) Vol 35, p 1083; changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; liability of local govern­ment employers for overtime and compensatory time off in lieu of overtime, (1981) Vol 41, p 409

Law Review Cita­tions

51 OLR 44 (1971)

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdic­tion to regulate govern­mental entity's employ­ment of mi­nors, (1979) Vol 39, p 489

1 Legislative Counsel Committee, CHAPTER 653—Minimum Wages; Employment Conditions; Minors, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors653.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 653, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­653ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information