Bill Text: OR HB3307 | 2013 | Regular Session | Engrossed

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Bill Title: Relating to required payment for break periods not provided to employees.

Sponsorship: Partisan Bill (Democrat 3)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3307 Detail]

Download: Oregon-2013-HB3307-Engrossed.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 2441

                           A-Engrossed

                         House Bill 3307
                  Ordered by the House April 18
            Including House Amendments dated April 18

Sponsored by Representatives WITT, DEMBROW; Representative
  REARDON

                             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.

  Requires employer who fails to provide meal period or rest
period breaks in accordance with rules adopted by Commissioner of
Bureau of Labor and Industries to pay additional one and one-half
hours of wages for each day employer is in violation of rules.
 { +  Creates exception. + }

                        A BILL FOR AN ACT
Relating to required payment for break periods not provided to
  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 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) Except as provided in subsection (3) of this section,
if an employer fails to provide an employee a meal period or rest
period in accordance with the applicable rules adopted by the
commissioner pursuant to subsection (1) of this section, the
employer shall pay the employee, in addition to any other
compensation otherwise due, one and one-half additional hours of
pay at the employee's regular rate of compensation for each
workday in which the meal period or rest period is not provided.
  (3) An employer is not liable for payment of the additional
compensation required under subsection (2) of this section if:
  (a) The employer has a written policy that permits employees to
take meal periods and rest periods that complies with rules
adopted by the commissioner;

  (b) The duties of the employee permit the employee to leave the
employee's work station without being relieved of duty or seeking
permission of a supervisor; and
  (c) The employee fails to establish that the employer knew that
the employee was not provided meal periods or rest periods in
accordance with the rules adopted by the commissioner.
  (4) Nothing in this section is intended to affect:
  (a) Whether an employer is in compliance with rules adopted by
the commissioner to require meal periods and rest periods; or
  (b) The liability of an employer for the payment of fines
imposed pursuant to rules adopted by the commissioner to require
meal periods and rest periods.
  (5) The payment of the additional compensation required under
subsection (2) of this section does not relieve an employer of
the duty to provide meal periods and rest periods in accordance
with the rules adopted by the commissioner. + }
    { - (2) - }   { + (6) + } 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) - }   { + (7) + } 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) - }   { + (8) + } 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) - }   { + (9)(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).
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