ORS 653.268
Overtime for labor directly employed by public employers

  • special provisions for correctional facility nursing staff

(1)

Labor directly employed by any public employer as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) 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.

(2)

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 243.809) to 243.809 (Determinations regarding alleged misconduct of law enforcement officer in accordance with uniform standards) or other employees from negotiating additional overtime pay requirements with a public employer.

(3)

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:

(a)

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

(b)

More than 48 hours in any workweek;

(c)

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

(d)

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

(4)

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)

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

(b)

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.

(5)

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:

(a)

Sudden and unforeseen adverse weather conditions;

(b)

An infectious disease epidemic suffered by correctional facility staff;

(c)

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

(d)

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.

(6)

As used in this section:

(a)

“Correctional facility” means a Department of Corrections institution.

(b)

“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]

Source: Section 653.268 — Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff, https://www.­oregonlegislature.­gov/bills_laws/ors/ors653.­html.

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)

Attorney General 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)

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

§ 653.268’s source at oregon​.gov