(a) That the list is voluntary and how an employee may request to be removed from the list;
(b) How the employer will notify a standby list employee of additional hours available and how an employee may accept the additional hours;
(c) That the employee is not required to accept the additional hours offered; and
(d) That an employee on the standby list is not eligible for additional compensation under ORS 653.455 for the changes to the employee’s written work schedule resulting from the employee’s acceptance of additional hours offered to the employee as a result of being on the standby list.
(2) An employer shall provide an employee on the standby list with notice of additional hours available by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format.
(3) An employee who receives notice of additional hours available under this section may decline to accept the additional hours offered.
(4) An employee who consents to work additional hours in response to an employer’s request under this section is not eligible for any additional compensation under ORS 653.455 for the resulting change to the employee’s written work schedule.
(5) An employee may request to be removed from the standby list at any time.
(6) An employer may not retaliate against an employee who:
(a) Does not request or agree to be added to the standby list;
(b) Requests to be removed from the standby list; or
(c) Declines an employer’s request that the employee work additional hours as a result of the employee being on the standby list.
(7) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against an employer that the commissioner finds has coerced an employee into requesting or agreeing to be added to the standby list in violation of this section. 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.
(8) The standby list is not a list of employees scheduled for on-call shifts and the employer is not required to include a list of employees on the standby list in the written work schedule described in ORS 653.436. [2017 c.691 §4a]
Note: See note under 653.412.
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.