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Overtime and Undue Hardship Exemption

On August 8, 2017, Oregon Governor Kate Brown signed legislation (H.B. 3458) directing mill, factory or manufacturing employers to pay greater of daily or weekly overtime when an employee is eligible for both in same workweek. The law also:

  • Applies the undue hardship period exemption (the period of time when perishable product must be processed after harvesting, slaughter, or catch) to an employer that processes perishable products.
  • Imposes civil penalties if an employer coerces an employee into consenting to work more than 55 hours in one workweek.

The law became effective August 8, 2017.

Read OR H.B. 3458

Property Services Contractors and Harassment

On August 8, 2017, Oregon Governor Kate Brown signed legislation (H.B. 3279) regulating property services contractors. The law created a new definition of a property services contractor, within the state’s labor contractor law, as any person that:

  • For an agreed remuneration or rate of pay recruits, solicits, supplies, or employs workers to perform labor for another person to provide services that include janitorial services.
  • For an agreed remuneration or rate of pay recruits, solicits, supplies, or employs workers on behalf of an employer to provide services that include janitorial services; or
  • Enters a subcontract with another for any of the aforementioned activities.

The law further requires that a property services contractor provide the following training through or approved by the Oregon Bureau of Labor and Industries to managers, supervisors, and employees:

  • Sexual assault and sexual harassment prevention in the workplace.
  • Discrimination prevention in the workplace and promotion of cultural competency.
  • Workforce education to protect whistleblowers.

The law is effective January 1, 2018.

Read OR H.B. 3279

Work Schedules and Rest Periods

On August 8, 2017, Oregon Governor Kate Brown signed legislation (S.B. 828) requiring employers to provide new employees with a written good faith estimate of their work schedule at the time of hire. The law also:

  • Permits an employer to maintain a standby list of employees if the employees have agreed to it.
  • Requires employers to provide employees with written work schedules at least seven calendar days before the first day of the work schedule. Fourteen days of advance notice is required in 2020.
  • Provides the right to rest periods of at least 10 hours between shifts, unless the employee consents or requests to work during the rest period and is compensated at a rate of one and one-half times his or her regular rate of pay.

The law is effective incrementally. Most provisions become effective July 1, 2018; however, the enforcement, remedy, and action for retaliation provisions are effective January 1, 2019, and the fourteen days of advance notice provision is effective July 1, 2020.

Read OR S.B. 828