ORS 653.261
Minimum employment conditions

  • overtime
  • rules
  • meal periods
  • exemptions
  • penalty

(1)

Intentionally left blank —Ed.

(a)

The Commissioner of the Bureau of Labor and Industries may adopt rules prescribing such minimum conditions of employment, excluding minimum wages, in any occupation as may be necessary for the preservation of the health of employees. The rules may include, but are not limited to, minimum meal periods and rest periods, and maximum hours of work, but not less than eight hours per day or 40 hours per workweek; however, after 40 hours of work in one workweek overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits.

(b)

As used in this subsection, “workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.

(2)

Rules adopted by the commissioner pursuant to subsection (1) of this section do not apply to individuals employed by this state or a political subdivision or quasi-municipal corporation thereof if other provisions of law or collective bargaining agreements prescribe rules pertaining to conditions of employment referred to in subsection (1) of this section, including meal periods, rest periods, maximum hours of work and overtime.

(3)

Rules adopted by the commissioner pursuant to subsection (1) of this section regarding meal periods and rest periods do not apply to nurses who provide acute care in hospital settings if provisions of collective bargaining agreements entered into by the nurses prescribe rules concerning meal periods and rest periods.

(4)

Intentionally left blank —Ed.

(a)

The commissioner shall adopt rules regarding meal periods for employees who serve food or beverages, receive tips and report the tips to the employer.

(b)

In rules adopted by the commissioner under paragraph (a) of this subsection, the commissioner shall permit an employee to waive a meal period. However, an employer may not coerce an employee into waiving a meal period.

(c)

Notwithstanding ORS 653.256 (Civil penalty for general employment statute or rule violations) (1), in addition to any other penalty provided by law, the commissioner may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into waiving a meal period in violation of this subsection. Each violation is a separate and distinct offense. In the case of a continuing violation, each day’s continuance is a separate and distinct violation.

(d)

Civil penalties authorized by this subsection shall be imposed in the manner provided in ORS 183.745 (Civil penalty procedures). All sums collected as penalties under this subsection shall be applied and paid over as provided in ORS 653.256 (Civil penalty for general employment statute or rule violations) (4). [1967 c.596 §5 (2), (3); 1971 c.492 §1; 1981 c.361 §2; 1985 c.99 §9; 2001 c.466 §1; 2007 c.167 §§1,2; 2011 c.58 §1; 2017 c.685 §§6,7]

Source: Section 653.261 — Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

Notes of Decisions

Where employe and employer agreed upon monthly salary for 60 hour week which met minimum wage requirements for straight and overtime, overtime pay could not be claimed for work in excess of 40 hour week under rule enacted pursuant to this section. State ex rel Stevenson v. Ghawi, 39 Or App 827, 593 P2d 1266 (1979)

Attorney General Opinions

Commission authority to prescribe rest periods for excluded employes, (1972) Vol 35, p 1112

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

Current through early 2024

§ 653.261’s source at oregon​.gov