(2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer.
(3) Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:
(a) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;
(b) More than 48 hours in any workweek;
(c) More than 12 hours in a 24-hour period; or
(d) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.
(4) A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:
(a) A staff vacancy for the next shift becomes known at the end of the current shift; or
(b) There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.
(5) Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:
(a) Sudden and unforeseen adverse weather conditions;
(b) An infectious disease epidemic suffered by correctional facility staff;
(c) Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or
(d) Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.
(6) As used in this section:
(a) "Correctional facility" means a Department of Corrections institution.
(b) "Nursing staff" has the meaning given that term in ORS 441.179. [Formerly 279.340; 2019 c.582 §1]
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.