Overtime Waiver for Manufacturing Establishments

 
Under ORS 652.020(1), an employee “employed in” mills, factories, and manufacturing establishments must be paid at one and one-half times the employee’s regular rate of pay for hours worked in excess of 10 in any day and any hours in excess of 40 hours per week. In addition, employees may not work more than 13 hours in any given day. 
 
Pursuant to ORS 652.360, the Commissioner may waive the requirement to pay the overtime required by ORS 652.020 for the eleventh and twelfth hours of work in a manufacturing establishment under specific circumstances. The statute's provision limiting the maximum number of hours worked in a day to thirteen remains in effect. In addition, the Commissioner will not approve a waiver unless it is determined that the arrangement will not prejudicially affect the interest of the public or the employees involved.
 
Normally, a waiver is approved only in establishments where the employer has implemented regular work shifts in excess of ten hours per day with the agreement of the employees.
 
The process for obtaining an overtime waiver includes several steps, and requires the company applying for a waiver to supply certain information, including:
 
            1.    Health and safety information for the past two years, including data which shows the types and severity of any injuries; the department(s) in which the injury(ies) occurred.
 
            2.    A description of the department(s) affected by the requested waiver, the work being performed, and a description of the personnel affected.
 
            3.    Information on the special requirements of the type of operation, i.e., the need for lengthened shift operation/schedule.
 
            4.    Information on the shifts to be used, including lunch and break periods provided, and provisions for relief from duty.
 
            5.    Information on "return to work" and "light duty" programs provided to injured workers.
 
Upon receiving a request for an overtime waiver, an investigation will be conducted by the Wage and Hour Division. The investigation will include a tour of the establishment by a Wage and Hour Compliance Specialist and confidential interviews of a representative percentage of the establishment's work force concerning the requested waiver.
 
Based on information provided by the company and the investigative findings of the Wage and Hour Compliance Specialist, the Commissioner will determine whether or not to issue an overtime waiver. If granted, the waiver will be reviewed at regular intervals.
 
The application form for a daily overtime waiver is available here.