Chapter 167 Oregon Laws 2007
AN ACT
SB 403
Relating to meal periods for tipped employees; creating new provisions;
and amending ORS 653.261.
Be It Enacted by the People of
the State of Oregon:
SECTION 1.
ORS 653.261 is amended to read:
653.261. (1) The
Commissioner of the Bureau of Labor and Industries may [issue] adopt rules prescribing such minimum conditions of
employment, excluding minimum wages, in any occupation as may be necessary for
the preservation of the health of employees. [Such] The rules may include, but are not limited to, minimum
meal periods and rest periods, and maximum hours of work, but not less than
eight hours per day or 40 hours per week; however, after 40 hours of work in
one week overtime may be paid, but in no case at a rate higher than one and
one-half times the regular rate of pay of [such]
the employees when computed without benefit of commissions, overrides,
spiffs and similar benefits.
(2) Nothing contained in
ORS 653.010 to 653.261 shall be construed to confer authority upon the
commissioner to regulate the hours of employment of employees engaged in
production, harvesting, packing, curing, canning, freezing or drying any
variety of agricultural crops, livestock, poultry or fish.
(3) Rules [promulgated] adopted by the commissioner
pursuant to subsection (1) of this section do not apply to individuals employed
by this state or a political subdivision or quasi-municipal corporation thereof
if other provisions of law or collective bargaining agreements prescribe rules
pertaining to conditions of employment referred to in subsection (1) of this
section, including meal periods, rest periods, maximum hours of work and
overtime.
(4) Rules [promulgated] adopted by the
commissioner pursuant to subsection (1) of this section regarding meal periods
and rest periods do not apply to nurses who provide acute care in hospital
settings if provisions of collective bargaining agreements entered into by the
nurses prescribe rules concerning meal periods and rest periods.
(5)(a) The commissioner
shall adopt rules regarding meal periods for employees who serve food or
beverages, receive tips and report the tips to the employer.
(b) In rules adopted by
the commissioner under paragraph (a) of this subsection, the commissioner shall
permit an employee to waive a meal period. However, an employer may not coerce
an employee into waiving a meal period.
(c) Notwithstanding ORS
653.256 (1), in addition to any other penalty provided by law, the commissioner
may assess a civil penalty not to exceed $2,000 against an employer that the
commissioner finds has coerced an employee into waiving a meal period in
violation of this subsection. Each violation is a separate and distinct
offense. In the case of a continuing violation, each day’s continuance is a separate
and distinct violation.
(d) Civil penalties
authorized by this subsection shall be imposed in the manner provided in ORS
183.745. All sums collected as penalties under this subsection shall be applied
and paid over as provided in ORS 653.256 (3).
SECTION 2.
ORS 653.261, as amended by section 1 of this 2007 Act, is amended to read:
653.261. (1) The
Commissioner of the Bureau of Labor and Industries may adopt rules prescribing
such minimum conditions of employment, excluding minimum wages, in any
occupation as may be necessary for the preservation of the health of employees.
The rules may include, but are not limited to, minimum meal periods and rest
periods, and maximum hours of work, but not less than eight hours per day or 40
hours per week; however, after 40 hours of work in one week overtime may be
paid, but in no case at a rate higher than one and one-half times the regular
rate of pay of the employees when computed without benefit of commissions,
overrides, spiffs and similar benefits.
(2) Nothing contained in
ORS 653.010 to 653.261 shall be construed to confer authority upon the
commissioner to regulate the hours of employment of employees engaged in
production, harvesting, packing, curing, canning, freezing or drying any
variety of agricultural crops, livestock, poultry or fish.
(3) Rules adopted by the
commissioner pursuant to subsection (1) of this section do not apply to
individuals employed by this state or a political subdivision or
quasi-municipal corporation thereof if other provisions of law or collective
bargaining agreements prescribe rules pertaining to conditions of employment
referred to in subsection (1) of this section, including meal periods, rest
periods, maximum hours of work and overtime.
(4) Rules adopted by the
commissioner pursuant to subsection (1) of this section regarding meal periods
and rest periods do not apply to nurses who provide acute care in hospital
settings if provisions of collective bargaining agreements entered into by the
nurses prescribe rules concerning meal periods and rest periods.
[(5)(a) The commissioner shall adopt rules regarding meal periods for
employees who serve food or beverages, receive tips and report the tips to the
employer.]
[(b) In rules adopted by the commissioner under paragraph (a) of this
subsection, the commissioner shall permit an employee to waive a meal period.
However, an employer may not coerce an employee into waiving a meal period.]
[(c) Notwithstanding ORS 653.256 (1), in addition to any other penalty
provided by law, the commissioner may assess a civil penalty not to exceed
$2,000 against an employer that the commissioner finds has coerced an employee
into waiving a meal period in violation of this subsection. Each violation is a
separate and distinct offense. In the case of a continuing violation, each day’s
continuance is a separate and distinct violation.]
[(d) Civil penalties authorized by this subsection shall be imposed in
the manner provided in ORS 183.745. All sums collected as penalties under this
subsection shall be applied and paid over as provided in ORS 653.256 (3).]
SECTION 3. The
amendments to ORS 653.261 by section 2 of this 2007 Act become operative on
January 2, 2012.
Approved by the Governor May 25, 2007
Filed in the office of Secretary of State May 25, 2007
Effective date January 1, 2008
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