Bill Text: OR HB3318 | 2011 | Regular Session | Introduced

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Bill Title: Relating to definition of firefighters.

Sponsorship: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3318 Detail]

Download: Oregon-2011-HB3318-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1921

                         House Bill 3318

Sponsored by COMMITTEE ON BUSINESS AND LABOR

                             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.

  Clarifies meaning of 'firefighter' for purposes of maximum
working hours and overtime wages paid to employees in certain
occupations.

                        A BILL FOR AN ACT
Relating to definition of firefighters; amending ORS 652.020.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.020 is amended to read:
  652.020. (1) No person shall be employed in any mill, factory
or manufacturing establishment in this state more than 10 hours
in any one day, or in sawmills, planing mills, shingle mills and
logging camps more than eight hours, exclusive of one hour, more
or less, in one day or more than 48 hours in one calendar week,
except logging train crews, guards, firefighters { +  as defined
in ORS 652.050 + } and persons engaged in the transportation to
and from work, and employees when engaged in making necessary
repairs, or in the case of emergency where life and property are
in imminent danger. However, employees may work overtime not to
exceed three hours in one day, conditioned that payment be made
for said overtime at the rate of time and one-half the regular
wage.
  (2) No employer shall require or permit any person to work in
any place mentioned in this section more than the hours provided
for in this section during any day of 24 hours. No employer shall
permit or suffer an overseer, superintendent or other agent of
the employer to violate this section.
  (3) This section does not apply to persons employed in the care
of quarters or livestock, conducting messhalls, superintendence
and direction of work, or to the loading and removal of the
finished forest product.
  (4) Subsections (1) and (2) of this section do not apply to
employees who are represented by a labor organization for
purposes of collective bargaining with their employer, provided
limits on the required hours of work and overtime payment have
been agreed to between the employer and labor organization, or if
no agreement is reached, then, for the purposes of this
subsection, such limits and payments shall not be deemed to be
changed from the previous collective bargaining agreement between
the employer and labor organization unless the employees have
been locked out, are engaged in a strike or the employer has
unilaterally implemented new terms and conditions of employment.
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