ORS 653.271 Definitions for ORS 653.271, 653.272 and 653.273

As used in this section and ORS 653.272 and 653.273:

“Agricultural worker” means an individual who performs services in agriculture for an employer in exchange for an agreed remuneration or rate of pay.

“Agriculture” includes:

Farming in all its branches, including the cultivation and tillage of the soil;

Dairying;

The production, cultivation, growing and harvesting of any agricultural or horticultural commodities;

The raising of livestock, bees, furbearing animals or poultry; and

Any other practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market, delivery to storage or to market, or delivery to carriers for transportation to market.

“Salary” has the meaning given that term in ORS 653.010.

“Workweek” means a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. [2022 c.115 §1]

Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. 653.272 Overtime requirements for agricultural workers; exceptions; remedies.

Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of:

For calendar years 2023 and 2024, 55 hours in one workweek.

For calendar years 2025 and 2026, 48 hours in one workweek.

For calendar year 2027 and each year thereafter, 40 hours in one workweek.

An employer may permit, require or suffer an agricultural worker to work more than the maximum allowable hours in one workweek provided under subsection (1) of this section if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of the maximum allowable hours.

For purposes of this section, a workweek may begin on any day of the week and at any hour of the day and need not coincide with a calendar week.

An employer may change the beginning of an agricultural worker’s workweek if the change is intended to be permanent and is not designed to evade overtime requirements.

A claim for a violation of this section may be made under ORS 653.055.

chapter 115, Oregon Laws 2022, become operative January 1, 2027. See section 4, chapter 115, Oregon Laws 2022. The text that is operative on and after January 1, 2027, is set forth for the user’s convenience. 653.272. (1) Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of 40 hours in one workweek.

An employer may permit, require or suffer an agricultural worker to work more than 40 hours in one workweek if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of 40 hours.

For purposes of this section, a workweek may begin on any day of the week and at any hour of the day and need not coincide with a calendar week.

An employer may change the beginning of an agricultural worker’s workweek if the change is intended to be permanent and is not designed to evade overtime requirements.

A claim for a violation of this section may be made under ORS 653.055.

Assembly but was not added to or made a part of ORS chapter 653 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.