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
Statutory/Other Authority: ORS 651.060(4) & 652
Statutes/Other Implemented: ORS 652.900 & OL Ch. 685 (2017)
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