Newsletters and Alerts: Employment Alert

Changes to Oregon’s Manufacturing Employees Overtime and Max Hours Worked Rules, Effective 01/01/18

Monday, January 29, 2018  
Posted by: Emerald Stander
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Employment Law Alert: January 22, 2018

Changes to Oregon’s Manufacturing Employees Overtime and Maximum Hours Worked Rules, Effective January 1, 2018
Amendments to existing law and House Bill 3458 provide additional restrictions on overtime and maximum hours worked for employees employed in mills, factories, and manufacturing establishments in Oregon.

10 Hours Off between Shifts
Effective January 1, 2018, employers are required to provide employees working in mills, factories, and manufacturing establishments 10 hours of rest between the end of one shift of eight hours or more and the start of another shift, unless the additional hours are due to the disruptions in business operations caused by a power outage, major equipment breakdown, severe weather or similar emergencies outside the employer's control.

Weekly Caps on Hours Worked
Effective January 1, 2018, employees working in mills, factories, and manufacturing establishments may not work more than 55 hours in a workweek. This can be increased to 60 hours a workweek if the employee requests or agrees in writing to work more than 55 hours.

Exceptions to Law
There are a number of exceptions to the law that may be applicable to your employees, including the following:
  • Employees who perform duties that do not include work in connection with production machinery and are in a location that is physically separated from the actual production process by means of an architectural barrier are exempt;
  • Certain positions are exempt from the law (e.g., security guards, supervisors, etc.);
  • There is a Collective Bargaining Agreement exception;
  • Employees of sawmills, planing mills, shingle mills, and logging camps are exempt; and
  • A limited undue hardship exception is available for manufacturers who process perishable products.

Penalties for Violations
The law makes it unlawful for employers to require or coerce an employee to work hours in excess of maximums, discharge, refuse to hire, discriminate, or retaliate against employees or prospective employees who inquire about their rights to overtime compensation under the law, report violations, file complaints, or decline to consent to work more than 55 hours in a workweek. Employees may file complaints with BOLI to enforce their rights or file fee-bearing private civil actions. In addition to recovering damages, BOLI has authority to assess civil penalties of up to $3,000 per violation.

Please read the full article below for detailed information regarding the changes and recommended next steps for employees. We have also provided templates that employers can use for the required undue hardship notice to BOLI and employee written consent forms.

UEA Attorneys are available to advise Member companies on complying with the new requirements of the law.

Click here to read the full article with more details on this topic on UEA's HR Beat. Click here for the sample "Notice of Undue Hardship Period for Manufacturers of Perishable Products" letter to BOLI.
Click here to download the Employee Written Consent for Undue Hardship template. Click here to download the Employee Written Consent Work More than 55 Hours per Workweek template.

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