Current through Register Vol. 63, No. 9, September 1, 2024
(1) Pursuant to ORS
652.900, the commissioner may
assess a civil penalty for violations of ORS
652.020 or of these rules as
follows:
(a) Failure to pay employees subject
to ORS 652.020 time and one-half their
regular rate of pay for all hours worked over ten in any day of 24
hours;
(b) Permitting any agent of
the employer to require or permit employees to work over ten hours in any day
of 24 hours when the employees are not paid time and one-half their regular
rate of pay for such hours worked over ten in a day;
(c) Requiring or permitting an employee
subject to ORS 652.020 to work more than 13
hours in any day of 24 hours;
(d)
Permitting any agent of the employer to require or permit employees to work
more than 13 hours in any day of 24 hours;
(e) Requiring or permitting an employee
subject to ORS 652.020 to work more hours than
permitted under ORS 652.020(2)(a), (b), or
(c);
(f) Requiring or permitting an employee
subject to ORS 652.020 to work more than 55
hours in any one workweek without obtaining the employee's request or consent
in writing, in violation of ORS
652.020(2)(b) or
(4)(b);
(g) Permitting an employee subject to ORS
652.020 to work up to the
maximum hours permitted by ORS
652.020(2)(c)
when the employer is not eligible for an undue hardship exemption;
(h) Failure to make available to the
commissioner, upon request, a copy of an employee's written request or consent
as required by OAR 839-001-0147(3)
and OAR 839-001-0148(5);
(i) Failure to provide notice of the undue
hardship period to the commissioner within seven (7) calendar days of the date
on which the undue hardship period began; or
(j) Requiring or permitting an employee
subject to ORS 652.020 to begin a work shift
less than 10 hours after the end of the employee's previous work shift if the
employee's previous work shift totaled eight (8) or more hours, unless the
employer requires the employee to work additional hours due to the disruptions
in business operations caused by a power outage, major equipment breakdown,
severe weather or similar emergency outside the employer's control.
(2) As provided in ORS
652.020(9)(a),
notwithstanding ORS 652.900, the commissioner may
assess a civil penalty against an employer that has coerced an employee into
consenting to work more than 55 hours in one workweek. For the purpose of this
rule, an employer will be considered to have coerced an employee into
consenting to work more than 55 hours in one workweek under the following
circumstances:
(a) The employer requires an
employee to consent in writing to work more than 55 hours per
workweek;
(b) The employer requires
an employee to consent to work more than 55 hours per workweek as a condition
of employment at the time of hire; or
(c) The employer requests or requires any
person, including another employee, to require an employee to consent in
writing to work more than 55 hours per workweek.
Statutes/Other Implemented: ORS
652.900 & OL Ch. 685
(2017)
