Update Applicable to:
All employers with bakery workers and/or farmworkers in the state of Oregon.
What happened?
On April 19, 2022, Governor Brown signed Senate Bill 1513 (SB 1513), revising the Beaver State’s overtime rules for bakers. In addition, the legislature passed House Bill 4002 (HB 4002), revamping the overtime entitlements for farmworkers.
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Bakery Workers
Effective January 1, 2023, any manufacturing establishment classified as a “bakery” by the North American Industry Classification System (NAICS) may not discipline an employee who refuses to work mandatory overtime unless the employer has provided at least five days’ advance notice.
The advance notice must specify the anticipated shift’s date and time. The bill authorizes Oregon’s Bureau of Labor and Industries to investigate violations and enforce compliance.
Farmworkers
Effective June 6, 2022, and beginning on January 1, 2023, HB 4002 extends overtime entitlements to agricultural workers, dairy employees, employees involved with raising livestock, bees, or fur-bearing animals, and some others. Overtime obligations are phased in under the new law.
During the first phase, which extends through 2024, covered employers must pay overtime at the rate of one and one-half an employee’s regular rate when the employee works over 55 hours in a week.
For calendar years 2025 and 2026, the overtime requirement begins at 48 hours per week, and, beginning in January 2027, the requirement will apply to all work in excess of 40 hours per week.
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What do employers need to do?
Employers with bakery workers should review the links provided above and avoid disciplining an employee who refuses to work if the employer has not provided a five-day notice.
Employers of farmworkers should also review the links provided above and adjust their payroll policies regarding overtime to comply with the law.
