Oregon Revised Statutes Chapter 653 § 653.258 — Enforcement of rules regarding meal periods and rest periods for hospital

Enforcement of rules regarding meal periods and rest periods for hospital staff. (1) As used in this section: (a)(A) “Employee” includes the following: (i) Registered nurses who provide direct care as defined in ORS 441.760; (ii) Professional staff as defined in ORS 441.760; (iii) Technical staff, as defined in ORS 441.760; and (iv) Service staff, as defined in ORS 441.760. (B) “Employee” does not include an individual described in subparagraph (A) of this paragraph if the individual is covered by a collective bargaining agreement that includes a monetary remedy for missed meal periods and missed rest periods. (b) “Exclusive representative” has the meaning given that term in ORS 441.760. (2) An employee or an exclusive representative of an employee may enforce requirements for meal periods and rest periods adopted by rule by the Commissioner of the Bureau of Labor and Industries under ORS 653.261 by electing to file a complaint in one of the following ways: (a) With the Oregon Health Authority in accordance with ORS 441.790; or (b) With the Commissioner of the Bureau of Labor and Industries in accordance with rules adopted pursuant to ORS 653.261. (3) Upon the receipt of a complaint forwarded by the authority to the commissioner under ORS 441.790, the commissioner shall proceed on the complaint in accordance with this section. (4) The commissioner shall deem a complaint filed under subsection (2) of this section to be withdrawn if notified by an employer that: (a) The employer received a grievance filed by the employee or an exclusive representative of the employee alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section; or (b) The employee or the exclusive representative of the employee has filed a civil complaint against the employer alleging the same violation as the violation alleged in a complaint filed under subsection (2) of this section. (5) If the commissioner receives a complaint under subsection (2)(a) of this section that was filed with the authority more than 60 days after the date of the missed meal period or missed rest period alleged in the complaint, the commissioner: (a) Shall dismiss the complaint; and (b) May not investigate the complaint or take any enforcement action with respect to the complaint. (6)(a) Following an investigation of a complaint filed under subsection (2)(a) of this section, if the commissioner determines that a civil penalty is appropriate, the commissioner shall provide to the hospital, to the cochairs of the relevant staffing committee and to the exclusive representative, if any, of the complainant a notice, in accordance with ORS 183.415, 183.417 and 183.745, of the commissioner’s intent to assess a civil penalty of $200. (b) A civil penalty imposed under this section: (A) Constitutes the liquidated damages of the complainant for the missed meal period or rest period; (B) May not be combined with a penalty assessed under ORS 653.256; (C) Precludes any other penalty or remedy provided by law for the violation found by the commissioner; and (D) Becomes final if an application for hearing is not requested in a timely manner. (7)(a) The liquidated damages imposed under this section shall be paid to the complainant no later than 15 business days after the date on which the order becomes final by operation of law or 15 days after the issuance of a decision on appeal. (b) A hospital shall provide to the commissioner proof of the payment of liquidated damages under paragraph (a) of this subsection no later than 30 days after making the payment. (8) An employee’s failure to file a complaint under subsection (2) of this section does not preclude the employee from pursuing any other remedy otherwise available to the employee under any provision of law. (9) Nothing in this section creates a private cause of action. [2023 c.507 §11]