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 cancelled, 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)(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)(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: 653.455 (Compensation for work schedule changes) becomes operative July 1, 2018. See section 16, chapter 691, Oregon Laws 2017.
Note: See second note under 653.412 (Definitions).
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.