OAR 839-001-0155
Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed

(1) Pursuant to ORS 652.900 (Civil penalties), the commissioner may assess a civil penalty for violations of ORS 652.020 (Maximum working hours in certain industries) or of these rules as follows:
(a) Failure to pay employees subject to ORS 652.020 (Maximum working hours in certain industries) time and one-half their regular rate of pay for all hours worked over ten in any day of 24 hours;
(b) Permitting any agent of the employer to require or permit employees to work over ten hours in any day of 24 hours when the employees are not paid time and one-half their regular rate of pay for such hours worked over ten in a day;
(c) Requiring or permitting an employee subject to ORS 652.020 (Maximum working hours in certain industries) to work more than 13 hours in any day of 24 hours;
(d) Permitting any agent of the employer to require or permit employees to work more than 13 hours in any day of 24 hours;
(e) Requiring or permitting an employee subject to ORS 652.020 (Maximum working hours in certain industries) to work more hours than permitted under ORS 652.020 (Maximum working hours in certain industries)(2)(a), (b), or (c);
(f) Requiring or permitting an employee subject to ORS 652.020 (Maximum working hours in certain industries) to work more than 55 hours in any one workweek without obtaining the employee’s request or consent in writing, in violation of ORS 652.020 (Maximum working hours in certain industries)(2)(b) or (4)(b);
(g) Permitting an employee subject to ORS 652.020 (Maximum working hours in certain industries) to work up to the maximum hours permitted by ORS 652.020 (Maximum working hours in certain industries)(2)(c) when the employer is not eligible for an undue hardship exemption;
(h) Failure to make available to the commissioner, upon request, a copy of an employee’s written request or consent as required by OAR 839-001-0147 (Employee’s Written Consent to Work up to 60 Hours in a Workweek)(3) and OAR 839-001-0148 (Undue Hardship Notices and Employee’s Written Consent)(5);
(i) Failure to provide notice of the undue hardship period to the commissioner within seven (7) calendar days of the date on which the undue hardship period began; or
(j) Requiring or permitting an employee subject to ORS 652.020 (Maximum working hours in certain industries) to begin a work shift less than 10 hours after the end of the employee’s previous work shift if the employee’s previous work shift totaled eight (8) or more hours, unless the employer requires the employee to work additional hours due to the disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergency outside the employer’s control.
(2) As provided in ORS 652.020 (Maximum working hours in certain industries)(9)(a), notwithstanding ORS 652.900 (Civil penalties), the commissioner may assess a civil penalty against an employer that has coerced an employee into consenting to work more than 55 hours in one workweek. For the purpose of this rule, an employer will be considered to have coerced an employee into consenting to work more than 55 hours in one workweek under the following circumstances:
(a) The employer requires an employee to consent in writing to work more than 55 hours per workweek;
(b) The employer requires an employee to consent to work more than 55 hours per workweek as a condition of employment at the time of hire; or
(c) The employer requests or requires any person, including another employee, to require an employee to consent in writing to work more than 55 hours per workweek.

Source: Rule 839-001-0155 — Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-001-0155.

839‑001‑0000
Notice of Proposed Rule 839‑001‑0100
Definitions for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0125
Individual Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0127
Establishment Exemptions from Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0130
Exempt and Non-exempt Work for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0140
Determination of the Day 839‑001‑0143
Failure to Establish a Workweek 839‑001‑0145
Determination of Employees “Employed in” a Named Establishment for Regulations Pertaining to Maximum Hours of Work in Mills, Factories, Manufacturing Establishments 839‑001‑0147
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑001‑0148
Undue Hardship Notices and Employee’s Written Consent 839‑001‑0150
Civil Penalties for Violation of ORS 652.020, Maximum Working Hours in Mills, Factories and Manufacturing Establishments: Overtime Hours and Pay 839‑001‑0153
Violations Separate and Distinct 839‑001‑0155
Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed 839‑001‑0160
Schedule of Civil Penalties for Violations of ORS 652.020 839‑001‑0200
Deductions for Garnishment Processing Fee 839‑001‑0250
Deductions for Costs of Benefits Paid by the Employer While the Employee Is on OFLA Leave 839‑001‑0300
Liability of Employer for Issuance of Dishonored Check in Payment of Wages 839‑001‑0410
Definitions for Regulations Pertaining to the Payment of Wages at Termination of Employment 839‑001‑0420
Payment of Wages at Termination of Employment 839‑001‑0430
When Layoff is Considered Termination of Employment 839‑001‑0440
Special Provisions for Payment of Wages at Termination for Seasonal Farmworkers and Seasonal Reforestation Workers 839‑001‑0450
Forwarding Wages and Direct Deposit of Wages at Termination of Employment 839‑001‑0460
Payment in Case of a Dispute over the Amount of Wages Due at Termination of Employment/Employee Rights and Remedies 839‑001‑0470
Penalty for Failure to Pay Wages on Termination of Employment 839‑001‑0490
Special Provisions for Payment of Wages at Termination for Employees of Businesses Primarily Engaged in the Sale of Motor Vehicles or Farm Implements Who Are Paid on a Commission Basis 839‑001‑0495
Violations Separate and Distinct 839‑001‑0496
Civil Penalties for Violation of Regulations Pertaining to the Payment of Wages 839‑001‑0500
Definitions for Wage Security Fund Regulations 839‑001‑0510
Eligibility for Wage Payment from the Wage Security Fund 839‑001‑0515
Factors to Be Considered in Making Determinations Related to Eligibility for Payment from the Wage Security Fund 839‑001‑0520
Amount of Claim to Be Paid from the Wage Security Fund 839‑001‑0525
Priority of Payments from the Wage Security Fund 839‑001‑0530
Wage Security Fund Amount Available for Claim Payment: Prorating Claims When Insufficient Funds are Available 839‑001‑0550
Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund 839‑001‑0560
Recovery from Employers When Sums Paid from the Wage Security Fund 839‑001‑0700
Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage 839‑001‑0710
Effective Dates for Civil Penalty Provisions 839‑001‑0720
Notification of Termination of Group Health Insurance Policy 839‑001‑0730
Records to Be Kept/Availability of Records 839‑001‑0740
Employee Notification Form for Termination of Group Health Insurance Coverage 839‑001‑0760
Violations Separate and Distinct 839‑001‑0770
Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed 839‑001‑0780
Criteria for Determining a Civil Penalty 839‑001‑0790
Schedule of Civil Penalties for Violation of ORS 652.710(1) 839‑001‑0800
Schedule of Civil Penalties for Violation of ORS 652.710(3)
Last Updated

Jun. 8, 2021

Rule 839-001-0155’s source at or​.us