October 22, 2018

October 22, 2018

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New Oregon Overtime Law both Giveth to, and Taketh Away from, Manufacturing Employers

Effective immediately, Oregon’s law has been clarified to provide relief to non-union employers operating mills, factories or other manufacturing facilities with respect to certain overtime pay obligations, but also has been revised, effective January 1, 2018, to limit the number of weekly hours employees in such establishments may work.

Previously, the Oregon Bureau of Labor and Industries (“BOLI”) had concluded that employees who worked enough hours to qualify for both daily overtime pay (for 10 or more hours worked in a single day) and weekly overtime pay (more than 40 hours total in a given week) were entitled to receive both, thereby requiring employers to pay twice for some overtime hours. The new law rejects BOLI’s interpretation and establishes that employees are entitled only to the greater of either daily or weekly overtime, not both.

In addition, the new law limits such manufacturing employees to working no more than 55 hours, or at employee request or by employee consent up to 60 hours, per week absent undue hardship. Existing law already limited manufacturing employers to no more than 13-hour workdays.  Driven primarily by the state’s significant wine, agricultural and fishing industries and their seasonal harvesting demands, the new law does allow employees who process perishable products to consent to work up to 84 hours per week, with certain limitations. However, the law also prohibits employers from disciplining employees who refuse to consent to work more than 55 hours a week and provides statutory and liquidated damages for violations of the daily or weekly work-hour maximums.

Jackson Lewis P.C. © 2018


About this Author

Mark A. Crabtree, Jackson Lewis, disability discrimination lawyer, restrictive covenant disputes attorney

Mark A. Crabtree is a Principal in the Portland, Oregon, office of Jackson Lewis P.C. He joined the firm in early 2007 after spending several years with a boutique firm handling wage and hour class actions.

His practice focuses on counseling and litigation in state and federal courts and administrative agencies in Oregon and Washington. His experience includes representing both small and large employers in litigation ranging from sexual harassment and disability discrimination, to trade secret and restrictive covenant...