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Oregon Lifts Overtime Limits for Manufacturers

Overtime limits in Oregon were lifted March 27 for the manufacturing sector to meet emergency-related needs, the state Bureau of Labor and Industries said.

The temporary rules (839-001-0126) are in effect until Sept. 22, 2020.

Limits on the maximum working hours was hampering the ability of manufacturers to meet emergency demands related to the new coronavirus for life- and property-preserving nonperishable products. The temporary rules allow manufacturing employers to seek an exemption from overtime requirements.

To claim an emergency overtime exemption, manufacturers must provide a notice of the emergency situation to the commissioner of the Bureau of Labor and Industries. The notice must include a description of the reason for the emergency exemption period, the expected start and end dates of the emergency exemption period, and a copy of the employer’s social distancing requirements.

Employers also must obtain written consent from employees who are asked to work more than 55 hours in a workweek during the exemption period.

The consent statement must include:

  • the employer’s reasons for the emergency exemption period,

  • the exemption period’s expected start and end dates,

  • a statement that the employer may request the employee to work overtime,

  • work limits of hours of up to 13 hours in a day and 91 hours in a week, and

  • an employer statement that the employee is to be paid time and one-half the regular rate of pay for hours that exceed 40 in a workweek.

Employers also are to provide a statement that the employee agrees to the specified overtime and a copy of the employer’s social-distancing policy.

The exemption request is to be provided to the Bureau of Labor and Industries within seven days of when the employer allows employees to work more than 55 hours in a workweek. Employers are not to coerce employees to work more than 55 hours in a week, the bureau said. Adequate meal and rest breaks must be provided, the bureau said. Employers violating the emergency exemption requirements may face a penalty of up to $,1000.


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