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 1759
 
                         Senate Bill 403
 
Sponsored by COMMITTEE ON RULES
 
 
                             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.
 
  Permits employee who serves food or beverages, receives tips
and reports tips to employer to waive meal period. Prohibits
employer from coercing employee into waiving meal period. Imposes
civil penalty for violation.
 
                        A BILL FOR AN ACT
Relating to meal periods for tipped employees; 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) As used in this subsection, 'employee' means an
employee who serves food or beverages, receives tips and reports
the tips to the employer.
  (b) In rules adopted by the commissioner pursuant to subsection
(1) of this section regarding meal periods, 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.
  (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). + }
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