Oregon Revised Statutes Chapter 653 § 653.265 — Overtime for persons employed in canneries, driers and packing plants;

Overtime for persons employed in canneries, driers and packing plants; exceptions; remedies; penalties. (1) As used in this section: (a) “Perishable product” means any product that may spoil, deteriorate or undergo other material changes that render it unsuitable for the use for which it was produced. “Perishable product” includes agricultural crops, meat and fish. (b) “Undue hardship period” means the period of time during which perishable product must be processed after harvesting, slaughter or catch. (c) “Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements. (2)(a) Except as provided in paragraphs (b) to (d) of this subsection, an employer may not require or permit an employee employed in any cannery, drier or packing plant in this state to work more than: (A) 10 hours in any one day; or (B) 55 hours in one workweek. (b) An employer may permit an employee described in paragraph (a) of this subsection to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek. (c) Notwithstanding paragraph (b) of this subsection, during the period of time that an employer is eligible for an undue hardship period exemption under subsection (5) of this section, an employer may permit an employee described in paragraph (a) of this subsection to work: (A) Up to 84 hours per workweek for four workweeks; and (B) Up to 80 hours per workweek for the remainder of the undue hardship period. (d) An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows: (A) One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee; or (B) One and one-half times the regular price for all work done during the time the employee is employed over 10 hours per day if the employee is a piece worker. (3) An employer shall calculate an employee’s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than: (a) 10 hours in one day as described in subsection (1) of this section; and (b) 40 hours in one workweek as described in ORS 653.261 (1). (4) An employer that makes an overtime payment to an employee pursuant to subsection (3) of this section satisfies the overtime compensation requirements under this section and ORS 653.261 (1). (5)(a) An employer is eligible for an undue hardship period exemption from the restrictions on work hours under subsection (2)(a) of this section if the employer, in the ordinary course of the employer’s business, processes perishable products. The undue hardship period exemption shall be effective only during an undue hardship period. An employer may be eligible for more than one undue hardship period exemption in a calendar year. However, the combined total duration of the employer’s undue hardship period exemptions may not exceed 21 workweeks in a calendar year. (b) To claim an undue hardship period exemption, an employer must provide notice of the undue hardship period to the Commissioner of the Bureau of Labor and Industries and obtain written consent from each employee whom the employer will request to work more than 55 hours in any workweek during the undue hardship period. (c)(A) The notice the employer sends to the commissioner under paragraph (b) of this subsection must be in a form prescribed by the commissioner by rule and include a description of the reasons for the undue hardship period, the start and expected end dates of the undue hardship period and any other information required by the commissioner. (B) The employee’s written consent shall be in a form prescribed by the commissioner by rule and include: (i) A description of the employer’s reasons for the undue hardship period; (ii) The start and expected end dates of the undue hardship period; (iii) A statement that the employer may require the employee to work up to 84 hours per workweek for up to four workweeks during the undue hardship period; (iv) A statement that the employer may require the employee to work up to 80 hours per workweek for the remainder of the undue hardship period; (v) A statement that the employee consents to working up to 84 hours per workweek for up to four workweeks during the undue hardship period and up to 80 hours per workweek for the remainder of the undue hardship period; (vi) Contact