Current through Register Vol. 63, No. 12, December 1, 2024
(1)
As used in this rule "work day" or "day" means any time period of 24
consecutive hours as determined by the employer. The beginning of the work day
may be changed only if the change is intended to be permanent, if the change is
made in writing and if the change is not designed to evade the overtime
requirements of ORS 279C.540. If an employer does
not determine a 24 consecutive hour period, the default 24 consecutive hour
period shall be from 12:00 midnight to 11:59 p.m. For purposes of overtime
wages computation, each work day stands alone.
(2) Contractors and subcontractors required
by ORS 279C.540 to pay overtime wages
shall pay such wages as follows:
(a) Workers
must be paid at least time and one-half the hourly rate of pay, excluding
fringe benefits, for all hours worked:
(B) On the following
legal holidays:
(ii) New Year's Day on January 1;
(iii) Memorial Day on the last Monday in
May;
(iv) Independence Day on July
4;
(v) Labor Day on the first
Monday in September;
(vi)
Thanksgiving Day on the fourth Thursday in November;
(vii) Christmas Day on December
25;
(C) Over 40 hours in
a week; and either
(D) Over eight
(8) hours in a day; or
(E) Over 10
hours in a day provided:
(i) The employer has
established a work schedule of four consecutive days (Monday through Thursday
or Tuesday through Friday) pursuant to OAR
839-025-0034; and
(ii) The employer operates in accordance with
this established work schedule.
(b) Where a worker performs work in one or
more classifications which provide for one or more hourly rates of pay the
worker must be paid, in addition to the straight time hourly earnings for all
hours worked, a sum determined by multiplying one half the weighted average of
the hourly rates by the number of overtime hours worked pursuant to subsection
(a) of this rule.
(c) When
determining the hourly wage rate for overtime purposes, the amount paid for
fringe benefits shall be excluded from the computations. Though the amount paid
for fringe benefits must be paid for all hours worked, such amount is not
included when determining the overtime rate. For example, a worker who works a
five-day work schedule and earns $15 per hour plus $3 per hour in fringe
benefits and works ten hours in a day is entitled to $195 (($15/hr x 8 hours) +
($22.50/hr x 2 hours) + ($3/hr x 10 hours) = $195) for that
day.
(3) Examples of
computing overtime wages: See Appendix 3.
Appendices referenced are not included in rule text. Click
here for PDF copy of appendicies.
Stat. Auth.: ORS 279 &
651.060
Stats. Implemented: ORS
279.334
