Overtime for persons employed by seafood processors
(1) As used in this section:
(a) “Seafood processor” means a cannery, drier or packing plant that processes seafood.
(b) “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) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows:
(a) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or
(b) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker.
(3) This section does not apply to:
(a) An employee who is engaged in manufacturing, as defined in ORS 652.020 (Maximum working hours in certain industries); or
(b) An employee whose principal duties are administrative in nature or who does not otherwise, in the usual course of the employee’s duties, come into contact with the direct processing of goods. [2017 c.685 §10]
Note: 653.263 (Overtime for persons employed by seafood processors) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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