(b) As used in this subsection, "workweek" means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may be changed if the change is intended to be permanent and is not designed to evade overtime requirements.
(2) 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.
(3) 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.
(4)(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 (4). [1967 c.596 §5 (2), (3); 1971 c.492 §1; 1981 c.361 §2; 1985 c.99 §9; 2001 c.466 §1; 2007 c.167 §§1,2; 2011 c.58 §1; 2017 c.685 §§6,7]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 653 - Minimum Wages; Employment Conditions; Minors
Section 653.010 - Definitions for ORS 653.010 to 653.261.
Section 653.017 - Local minimum wage requirements; preemption; exceptions.
Section 653.020 - Excluded employees.
Section 653.022 - "Piece-rate-work-day" defined for ORS 653.020.
Section 653.025 - Minimum wage rate; rules.
Section 653.026 - "Nonurban county" defined for ORS 653.025.
Section 653.040 - Powers of commissioner; rules.
Section 653.045 - Records to be kept by employers; itemization of deductions from wages.
Section 653.060 - Discharging or discriminating against employee prohibited.
Section 653.065 - Application of Administrative Procedures Act.
Section 653.070 - Student-learners special wage; conditions; rules; penalties.
Section 653.075 - Legislative findings on breast-feeding.
Section 653.077 - Expressing milk in workplace; rules.
Section 653.079 - Advisory committee on expressing milk in workplace; membership; duties.
Section 653.256 - Civil penalty for general employment statute or rule violations.
Section 653.261 - Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty.
Section 653.263 - Overtime for persons employed by seafood processors.
Section 653.269 - Exceptions to ORS 653.268; rules.
Section 653.280 - Employer to safeguard employee’s trade equipment.
Section 653.320 - Employment of children under 14 years; exceptions.
Section 653.326 - Employment of professionally trained minors allowed with permit.
Section 653.330 - Employment of minors in certain logging operations prohibited.
Section 653.340 - Employment of minors for message and delivery service.
Section 653.350 - Employment of children under 12 years for certain agricultural labor; conditions.
Section 653.360 - Employment of minors in certain boating, fishing and agricultural situations.
Section 653.370 - Civil penalty for unlawful employment of minors.
Section 653.403 - Visitation rights of bureau; prosecution of offenses against child labor laws.
Section 653.412 - Definitions.
Section 653.422 - Covered employees; integrated enterprises; rules.
Section 653.428 - Good faith estimate of work schedule.
Section 653.432 - Voluntary standby list; penalties.
Section 653.436 - Advance notice of work schedule.
Section 653.442 - Right to rest between work shifts.
Section 653.450 - Employee right to input into work schedule.
Section 653.455 - Compensation for work schedule changes; exceptions.
Section 653.460 - Notice and posting requirements.
Section 653.465 - Record retention requirements.
Section 653.470 - Retaliation prohibited.
Section 653.480 - Enforcement; right of action; penalties.
Section 653.485 - Legislative intent.
Section 653.490 - Local work schedule requirements; preemption; exceptions.
Section 653.547 - Definitions; overtime; meal and rest periods; employment conditions; rules.
Section 653.551 - Unlawful employment discrimination; civil remedies and penalties.
Section 653.553 - Short title.
Section 653.601 - Definitions for ORS 653.601 to 653.661.
Section 653.611 - Substantially equivalent policies.
Section 653.616 - Allowable uses of sick time.
Section 653.621 - Minimum use increments; notice to employer; rules.
Section 653.626 - Medical verification.
Section 653.631 - Accrual amount records.
Section 653.641 - Unlawful practices.