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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.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

                         House Bill 3307

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 as
introduced.

  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.

                        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) 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 or rest period is not
provided. + }
    { - (2) - }   { + (3) + } 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) - }   { + (4) + } 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) - }   { + (5) + } 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) - }   { + (6)(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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