Minimum Wages

ORS 653.268
Overtime for labor directly employed by public employers

  • special provisions for correctional facility nursing staff


Labor directly employed by any public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.806) shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.


Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 (Definitions for ORS 243.650 to 243.806) to 243.806 (Agreement authorizing public employer to make deductions from salary or wages of public employee) or other employees from negotiating additional overtime pay requirements with a public employer.


Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:


Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;


More than 48 hours in any workweek;


More than 12 hours in a 24-hour period; or


During the 10-hour period immediately following the 12th hour worked during a 24-hour period.


A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:


A staff vacancy for the next shift becomes known at the end of the current shift; or


There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.


Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:


Sudden and unforeseen adverse weather conditions;


An infectious disease epidemic suffered by correctional facility staff;


Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or


Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.


As used in this section:


“Correctional facility” means a Department of Corrections institution.


“Nursing staff” has the meaning given that term in ORS 441.179 (Definitions for ORS 441.179 to 441.186). [Formerly 279.340; 2019 c.582 §1]

(formerly 279.340)

Notes of Decisions

State management employees were eligible for overtime pay or compensatory time during two-year period governed by 1995 version of [former] ORS 279.342. Young v. State of Oregon, 161 Or App 32, 983 P2d 1044 (1999), Sup Ct review denied

Person is "directly employed" by public employer if job results from public employer itself obtaining or arranging to obtain services of person without intermediate instrumentality or event. Young v. State of Oregon, 177 Or App 295, 33 P3d 995 (2001); Young v. State of Oregon, 189 Or App 493, 77 P3d 321 (2003)

For salaried employee, "regular rate" means rate determined by dividing weekly salary by 40 hours. Young v. State of Oregon, 340 Or 401, 133 P3d 915 (2006)

Atty. Gen. Opinions

Construing "labor directly employed" by county to include employes generally, (1972) Vol 35, p 1083; changing regular eight-hour day and 40-hour week without overtime pay, (1972) Vol 35, p 1291; liability of local government employers for overtime and compensatory time off in lieu of overtime, (1981) Vol 41, p 409

Law Review Citations

51 OLR 44 (1971)

Chapter 653

Atty. Gen. Opinions

Wage and Hour Commission jurisdiction to regulate governmental entity's employment of minors, (1979) Vol 39, p 489


Last accessed
Jun. 26, 2021