ORS 653.455
Compensation for work schedule changes

  • exceptions

(1)

As used in this section:

(a)

“Group communication” means communication to all eligible employees, either written or oral.

(b)

“Ticketed event” means a sporting, entertainment, civic, charitable or other event that requires a ticket for admission. The ticket may be electronic, physical or a name on a list held by the event organizer.

(2)

An employer shall provide the following compensation to an employee for each employer-requested change that occurs to the employee’s written work schedule without the advance notice required in ORS 653.436 (Advance notice of work schedule):

(a)

One hour of pay at the employee’s regular rate of pay, in addition to wages earned, when the employer:

(A)

Adds more than 30 minutes of work to the employee’s work shift;

(B)

Changes the date or start or end time of the employee’s work shift with no loss of hours; or

(C)

Schedules the employee for an additional work shift or on-call shift.

(b)

One-half times the employee’s regular rate of pay per hour for each scheduled hour that the employee does not work when the employer:

(A)

Subtracts hours from the employee’s work shift before or after the employee reports for duty;

(B)

Changes the date or start or end time of the employee’s work shift, resulting in a loss of work shift hours;

(C)

Cancels the employee’s work shift; or

(D)

Does not ask the employee to perform work when the employee is scheduled for an on-call shift.

(3)

The requirements for additional compensation in this section do not apply when:

(a)

An employer changes the start or end time of an employee’s work shift by 30 minutes or less;

(b)

An employee mutually agrees with another employee to employee-initiated work shift swaps or coverage. The employer may require that work shift swaps or coverage under this paragraph be preapproved by the employer. The employer may assist employees in finding such arrangements, provided that any employer assistance must be limited to helping an employee identify other employees who may be available to provide work shift swaps or coverage and may not include the employer arranging the work shift swap or coverage;

(c)

An employee requests changes to the employee’s written work schedule, including adding or subtracting hours, and the employee documents the request in writing;

(d)

An employer makes changes to an employee’s written work schedule at the employee’s request under ORS 653.436 (Advance notice of work schedule) (6);

(e)

An employer subtracts hours from an employee’s work schedule for disciplinary reasons for just cause, provided the employer documents the incident leading to the employee’s discipline in writing;

(f)

An employee’s work shift or on-call shift cannot begin or continue due to threats to employees or property or due to the recommendation of a public official;

(g)

Operations cannot begin or continue because public utilities fail to supply electricity, water or gas or there is a failure in the public utilities or sewer system;

(h)

Operations cannot begin or continue due to a natural disaster or a similar cause not within the employer’s control, including when the natural disaster or similar cause physically affects the work site;

(i)

Operations hours change or are substantially altered because a ticketed event is canceled, rescheduled or changes in duration due to circumstances that are outside the employer’s control and that occur after the employer provides the written work schedule under ORS 653.436 (Advance notice of work schedule);

(j)

An employer requests that an employee on a voluntary standby list work additional hours as described in ORS 653.432 (Voluntary standby list) and the employee consents to work the additional hours; or

(k)

Intentionally left blank —Ed.

(A)

An employer requests that an employee work additional hours to address unanticipated customer needs or unexpected employee absence;

(B)

The employee consents in writing to work the additional hours;

(C)

If the employer maintains a voluntary standby list described in ORS 653.432 (Voluntary standby list), the employer has contacted all of the employees listed on the voluntary standby list and requires additional employee coverage; and

(D)

Intentionally left blank —Ed.
(i)
If the employee is working a work shift at the time the employer makes the request, the employer makes the request either individually or as part of a group communication; or
(ii)
If the employee is not working a work shift at the time the employer makes the request, the employer makes the request through a group communication. [2017 c.691 §7]
Note: See note under 653.412 (Definitions).

Source: Section 653.455 — Compensation for work schedule changes; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

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
Green check means up to date. Up to date