An employer may maintain a standby list of employees whom the employer will request to work additional hours to address unanticipated customer needs or unexpected employee absences if the listed employees have requested or agreed in writing to be included on the standby list and the employer notifies each employee in writing:
That the list is voluntary and how an employee may request to be removed from the list;
How the employer will notify a standby list employee of additional hours available and how an employee may accept the additional hours;
That the employee is not required to accept the additional hours offered; and
That an employee on the standby list is not eligible for additional compensation under ORS 653.455 (Compensation for work schedule changes) for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.
An employer shall provide an employee on the standby list with notice of additional hours available by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format.
An employee who receives notice of additional hours available under this section may decline to accept the additional hours offered.
An employee who consents to work additional hours in response to an employer’s request under this section is not eligible for any additional compensation under ORS 653.455 (Compensation for work schedule changes) for the resulting change to the employee’s written work schedule.
An employee may request to be removed from the standby list at any time.
An employer may not retaliate against an employee who:
Does not request or agree to be added to the standby list;
Requests to be removed from the standby list; or
Declines an employer’s request that the employee work additional hours as a result of the employee being on the standby list.
In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into requesting or agreeing to be added to the standby list in violation of this section. 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.