74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2006
 
                         House Bill 2673
 
Sponsored by Representative WITT; Representatives BARKER,
  BARNHART, BEYER, BUCKLEY, CANNON, COWAN, DINGFELDER, GALIZIO,
  GREENLICK, HOLVEY, KOTEK, NOLAN, RILEY, ROBLAN, ROSENBAUM,
  SCHAUFLER, SHIELDS, TOMEI (at the request of Bureau of Labor
  and Industries)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Allows Commissioner of Bureau of Labor and Industries to adopt
rules permitting overtime pay for work after eight hours in one
day or, when employer has adopted alternative workweek schedule
that authorizes employee to work 10 hours per day within 40-hour
workweek, after 10 hours in one day.
 
                        A BILL FOR AN ACT
Relating to overtime rules adopted by Commissioner of Bureau of
  Labor and Industries; 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) { + (a) + } 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, - }
   { +  (b) The rules may provide that, after eight hours of work
in one day or + } after 40 hours of work in one week { + , + }
overtime   { - may - }  { + shall + } be paid, but in no case at
a rate higher than one and one-half times the regular rate of pay
of   { - such employees - }   { + the employee + } when computed
without benefit of commissions, overrides, spiffs and similar
benefits. { +  The rules may also provide that, if an employer
has adopted a regularly scheduled alternative workweek that
authorizes an employee to work for 10 hours per day within a
40-hour workweek, after 10 hours of work in one day or after 40
hours of work in one week, overtime shall be paid at the rate
described in this paragraph. + }
  (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 - }
 { + of this state + } 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.
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