Oregon Administrative Rules
Chapter 839 - BUREAU OF LABOR AND INDUSTRIES
Division 1 - WAGE COLLECTION MATTERS
Section 839-001-0148 - Undue Hardship Notices and Employee's Written Consent

(1) Pursuant to the provisions of ORS 652.020, 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 Bureau within seven calendar days of the beginning of the hardship period permitting employees to work more than 55 hours in one workweek (or more than 60 hours if the employee has previously consented to work up to 60 hours in one workweek pursuant to ORS 652.020(2)(b) and OAR 839-001-0147). The notice submitted by the employer to the Bureau must include:

(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 the form contains all of the elements of Form WH-262.

(3) When claiming an undue hardship exemption, an employer must obtain written consent from each employee whose work hours, pursuant to ORS 652.020(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:

(4) To provide the written consent, an employee may use Form WH-263 or any similar form provided that the 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 Bureau 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.