ORS 653.269
Exceptions to ORS 653.268

  • rules

The provisions of ORS 653.268 (Overtime for labor directly employed by public employers) relating to pay for overtime shall not apply to:

(1)

Labor employed in forest fire fighting.

(2)

Employees of any irrigation system district actually engaged in the distribution of water for irrigation or domestic use.

(3)

Employees of a public employer, as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809), who are employed in fire protection or law enforcement activities, including security personnel in corrections institutions, as those employees and activities are defined by rule of the Commissioner of the Bureau of Labor and Industries.

(4)

Employees of a people’s utility district organized under ORS chapter 261.

(5)

Employees exempted from overtime:

(a)

By a public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) because of the executive, administrative, supervisory or professional nature of their employment as the nature of such employment is defined by rule of the Commissioner of the Bureau of Labor and Industries; or

(b)

By a collective bargaining agreement expressly waiving application of ORS 653.268 (Overtime for labor directly employed by public employers).

(6)

Employees of a public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) engaged in the operation of a hospital or an establishment that is an institution primarily engaged in the care of persons who are sick or aged or have mental illness or mental retardation and who reside on the premises if, before performance of the work and pursuant to an agreement between the employer and employee or between the employer and the bargaining representative of the employees when the employees are represented under a collective bargaining agreement, a work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for the employee’s employment in excess of eight hours in any workday and in excess of 80 hours in such 14-day period, the employee receives compensation at a rate not less than one and one-half times the rate at which the employee is employed.

(7)

Members of the organized militia while on state active duty in accordance with ORS 399.075 (Ordering organized militia to state active duty). [Formerly 279.342; 2007 c.70 §283]

Source: Section 653.269 — Exceptions to ORS 653.268; rules, 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 statute. Young v. State of Oregon, 161 Or App 32, 983 P2d 1044 (1999), Sup Ct review denied

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

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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