ORS 653.268
Overtime for labor directly employed by public employers

  • special provisions for correctional facility nursing staff

(1)

Labor directly employed by any public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) 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 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) or other employees from negotiating additional overtime pay requirements with a public employer.

(3)

Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:

(a)

Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;

(b)

More than 48 hours in any workweek;

(c)

More than 12 hours in a 24-hour period; or

(d)

During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

(4)

A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:

(a)

A staff vacancy for the next shift becomes known at the end of the current shift; or

(b)

There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.

(5)

Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:

(a)

Sudden and unforeseen adverse weather conditions;

(b)

An infectious disease epidemic suffered by correctional facility staff;

(c)

Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or

(d)

Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.

(6)

As used in this section:

(a)

“Correctional facility” means a Department of Corrections institution.

(b)

“Nursing staff” has the meaning given that term in ORS 441.179 (Definitions for ORS 441.179 to 441.186). [Formerly 279.340; 2019 c.582 §1]

Source: Section 653.268 — Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

Notes of Decisions

State management employees were eligible for overtime pay or compensatory time during two-year period governed by 1995 version of [former] ORS 279.342. 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)

Attorney General 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)

653.010
Definitions for ORS 653.010 to 653.261
653.015
Statement of policy
653.017
Local minimum wage requirements
653.020
Excluded employees
653.022
“Piece-rate-work-day” defined for ORS 653.020
653.025
Minimum wage rate
653.026
“Nonurban county” defined for ORS 653.025
653.027
Wage rate for persons under 18 years of age in agriculture
653.030
Commissioner may prescribe lower rates in certain cases
653.033
Schedule to increase certain subminimum wage rates for individuals with disabilities
653.035
Deducting value of lodging, meals and other benefits furnished by employer
653.040
Powers of commissioner
653.045
Records to be kept by employers
653.050
Employers to post summary of law and rules
653.055
Liability of noncomplying employer
653.060
Discharging or discriminating against employee prohibited
653.065
Application of Administrative Procedures Act
653.070
Student-learners special wage
653.075
Legislative findings on breast-feeding
653.077
Expressing milk in workplace
653.079
Advisory committee on expressing milk in workplace
653.256
Civil penalty for general employment statute or rule violations
653.261
Minimum employment conditions
653.263
Overtime for persons employed by seafood processors
653.265
Overtime for persons employed in canneries, driers and packing plants
653.268
Overtime for labor directly employed by public employers
653.269
Exceptions to ORS 653.268
653.280
Employer to safeguard employee’s trade equipment
653.285
Liability of employer
653.295
Noncompetition agreements
653.300
Health benefit plan options for certain employees
653.305
Bureau’s inquiry into employment of minors
653.307
Annual employment certificates
653.310
Employment certificates on file
653.315
Working hours for children under 16 years of age
653.320
Employment of children under 14 years
653.326
Employment of professionally trained minors allowed with permit
653.330
Employment of minors in certain logging operations prohibited
653.335
Employment of minors as elevator operators prohibited
653.340
Employment of minors for message and delivery service
653.345
Legislative findings
653.350
Employment of children under 12 years for certain agricultural labor
653.355
Exemption of certain employers
653.360
Employment of minors in certain boating, fishing and agricultural situations
653.362
Exemption of minors serving as soccer referees
653.365
Civil penalty exemption for unlawful employment of minors by parents or persons standing in place of parents
653.370
Civil penalty for unlawful employment of minors
653.400
Rules
653.403
Visitation rights of bureau
653.412
Definitions
653.422
Covered employees
653.428
Good faith estimate of work schedule
653.432
Voluntary standby list
653.436
Advance notice of work schedule
653.442
Right to rest between work shifts
653.450
Employee right to input into work schedule
653.455
Compensation for work schedule changes
653.460
Notice and posting requirements
653.465
Record retention requirements
653.470
Retaliation prohibited
653.480
Enforcement
653.485
Legislative intent
653.490
Local work schedule requirements
653.547
Definitions
653.549
Rules
653.551
Unlawful employment discrimination
653.553
Short title
653.560
Authority of Bureau of Labor and Industries
653.565
Investigating compliance with rules
653.601
Definitions for ORS 653.601 to 653.661
653.606
Employee count
653.611
Substantially equivalent policies
653.616
Allowable uses of sick time
653.621
Minimum use increments
653.626
Medical verification
653.631
Accrual amount records
653.636
Minimum requirements
653.641
Unlawful practices
653.646
Multiemployer exception
653.651
Enforcement
653.656
Rules
653.661
Preemption
653.991
Penalties
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