Or. Admin. R. 839-001-0155 - Violations of ORS 652.020 for Which a Civil Penalty May Be Imposed

(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.

Notes

Or. Admin. R. 839-001-0155

Bl 8-1990, f. & cert. ef. 5-11-90; BLI 8-2017, amend filed 12/27/2017, effective 1/1/2018

Statutory/Other Authority: ORS 651.060(4) & 652

Statutes/Other Implemented: ORS 652.900 & OL Ch. 685 (2017)