Bill Text: OR HB2240 | 2011 | Regular Session | Enrolled

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Bill Title: Relating to meal periods for tipped employees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-05-16 - Chapter 58, (2011 Laws): Effective date January 1, 2012. [HB2240 Detail]

Download: Oregon-2011-HB2240-Enrolled.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         House Bill 2240

Sponsored by Representative MATTHEWS; Representatives BUCKLEY,
  DOHERTY (Presession filed.)

                     CHAPTER ................

                             AN ACT

Relating to meal periods for tipped employees; amending ORS
  653.261; and repealing section 3, chapter 167, Oregon Laws
  2007.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 653.261, as amended by section 2, chapter 167,
Oregon Laws 2007, is amended to read.
  653.261. (1) The Commissioner of the Bureau of Labor and
Industries may 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. 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 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 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 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) 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

Enrolled House Bill 2240 (HB 2240-INTRO)                   Page 1

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). + }
  SECTION 2.  { + Section 3, chapter 167, Oregon Laws 2007, is
repealed. + }
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Passed by House February 9, 2011

    .............................................................
                         Ramona Kenady Line, Chief Clerk of House

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Passed by Senate May 3, 2011

    .............................................................
                              Peter Courtney, President of Senate

Enrolled House Bill 2240 (HB 2240-INTRO)                   Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled House Bill 2240 (HB 2240-INTRO)                   Page 3