OAR 839-020-0420
Undue Hardship Notices and Employee’s Written Consent

(1) Pursuant to the provisions of ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(5)(a), an employer that processes perishable products may be exempt from the restrictions on maximum workweek hours if an undue hardship exists. To claim such an exemption, an employer must provide notice of the undue hardship period to the commissioner within seven (7) calendar days of the date on which the undue hardship period begins. The notice submitted by the employer to the commissioner must include:
(a) The name and address of the employer;
(b) A description of the reasons for the undue hardship period;
(c) The start and expected end dates of the undue hardship period;
(d) An estimate of the number of employees whose work hours will exceed the maximum workweek hours because of the undue hardship exemption;
(e) The start and end dates of any undue hardship periods previously claimed by the employer in the same calendar year;
(f) The printed name and signature of the person submitting the notice, with the date of signature.
(2) The employer’s notice of the undue hardship period may be submitted on Form WH-262, which is available to any interested person. An employer may copy this form or use a similar form provided that such form contains all of the elements of Form WH-262. The notice must be delivered to: Bureau of Labor and Industries, Wage and Hour Division, 800 NE Oregon Street, Suite 1045, Portland, OR 97232-2180.
(3) When claiming an undue hardship exemption, an employer must obtain written consent from each employee whose work hours, pursuant to ORS 653.265 (Overtime for persons employed in canneries, driers and packing plants)(2)(c), will exceed the maximum workweek hours because of the undue hardship exemption. The written consent, which must be completed by the employee prior to performing work during the undue hardship period, must include:
(a) A description of the employer’s reasons for the undue hardship period;
(b) The start and expected end dates of the undue hardship period;
(c) A statement that the employer may require the employee to work up to 84 hours in a workweek for up to four workweeks during the undue hardship period;
(d) A statement that the employer may require the employee to work up to 80 hours in a workweek for the remainder of the undue hardship period;
(e) A statement that the employee consents to working up to 84 hours in a workweek for up to four weeks during the undue hardship period and up to 80 hours in a workweek for the remainder of the undue hardship period but that the employee may withdraw such consent at any time in writing, no less than seven (7) calendar days prior to the start of the workweek in which the employee no longer consents to work over 55 hours in the workweek;
(f) A statement that the employee has the right to decline to work more than 55 hours per workweek;
(g) The printed name and signature of the employee completing the written consent, with the date of signature; and
(h) Contact information for the Bureau of Labor and Industries.
(4) To provide written consent, an employee may use Form WH-263 or any similar form provided that such form contains all of the elements of Form WH-263. The employee’s written consent must be in the language used by the employer to communicate with the employee.
(5) The employer must retain and keep available to the commissioner a copy of each employee’s written consent during the period for which the written consent is in effect and for no less than one year thereafter.

Source: Rule 839-020-0420 — Undue Hardship Notices and Employee's Written Consent, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-020-0420.

839‑020‑0000
Notice of Proposed Rule 839‑020‑0004
Definitions Generally 839‑020‑0005
Employees Engaged in Administrative, Executive, Professional, or Outside Sales Work, Defining the Terms 839‑020‑0010
Payment of Minimum Wages — Generally 839‑020‑0011
Determination of Applicable Region and Minimum Wage Rate to be Paid for Work Performed by Employees 839‑020‑0012
Wage Statements to Be Provided to Employees 839‑020‑0013
Bonuses Provided to Workers in Agriculture 839‑020‑0015
Fixed Minimum Hourly Wage Rates Lower than the Minimum Wage Rate 839‑020‑0020
Deductions from the Minimum Wage — Generally 839‑020‑0025
Deductions for Meals, Lodging, Facilities or Other Services 839‑020‑0027
Deductions for Garnishment Processing Fee 839‑020‑0030
Payment of Overtime Wages — Generally 839‑020‑0040
Hours Worked — Generally 839‑020‑0041
Waiting Time 839‑020‑0042
Sleeping Time and Certain Other Activities 839‑020‑0043
Preparatory and Concluding Activities 839‑020‑0044
Lectures, Meetings and Training Programs 839‑020‑0045
Travel Time 839‑020‑0046
Adjusting Grievances, Medical Attention, Civic and Charitable Work and Suggestion Systems 839‑020‑0047
Application of OAR 839-020-0040 to 839-020-0047 to Agricultural Employees 839‑020‑0050
Meal and Rest Periods 839‑020‑0051
Rest Periods for Expression of Milk 839‑020‑0052
Leave for Domestic Workers 839‑020‑0060
Weight Lifting 839‑020‑0065
Other Working Conditions 839‑020‑0070
Homework — Generally 839‑020‑0080
General Recordkeeping Requirements 839‑020‑0082
Special Recordkeeping Circumstances 839‑020‑0083
Records Availability 839‑020‑0085
Posting Requirements 839‑020‑0087
Earned Income Tax Credit Notice to Employees 839‑020‑0115
Relationship of State and Federal Law 839‑020‑0125
Overtime Exemptions Pertaining to Employers Regulated Under the Federal Fair Labor Standards Act 839‑020‑0130
Overtime Exemption for Public Employees 839‑020‑0135
Overtime Exemption for Agricultural Employees 839‑020‑0150
Exemptions from Minimum Wage and Overtime 839‑020‑0200
Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0210
Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally 839‑020‑0220
Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities 839‑020‑0230
Limitation on Nonexempt Work 839‑020‑0240
Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities 839‑020‑0250
Effect of Training Time 839‑020‑0260
Application of ORS 653.269(3) to Ambulance and Rescue Service Employees 839‑020‑0270
Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities 839‑020‑0300
Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0310
Application of OAR 839-020-0300 to 839-020-0350 839‑020‑0320
Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency 839‑020‑0330
Exception to Salary or Fee Basis 839‑020‑0350
Computer Professionals 839‑020‑0400
Definitions for Maximum Hours of Work in Canneries, Driers and Packing Plants 839‑020‑0410
Determination of the Day 839‑020‑0415
Failure to Establish a Workweek 839‑020‑0417
Employee’s Written Consent to Work up to 60 Hours in a Workweek 839‑020‑0420
Undue Hardship Notices and Employee’s Written Consent 839‑020‑1000
Violations Separate and Distinct 839‑020‑1010
Violations for Which a Civil Penalty May Be Assessed 839‑020‑1020
Criteria for Determining a Civil Penalty
Last Updated

Jun. 8, 2021

Rule 839-020-0420’s source at or​.us