Maximum Hours in Manufacturing Establishments

Most employers may not require or permit an employee employed in a mill, factory or manufacturing establishment or a cannery, drier or packing plant to work more than 55 hours in any one workweek. Employers may permit an employee to work up to 60 hours in one workweek if the employee requests or consents in writing to work more than 55 hours in the workweek. The request/consent form (WH-261) below may, but is not required, to be used for this purpose.
 
The term "workweek" is defined as a fixed period of time established by an employer that reflects a regularly recurring period of 168 hours or seven consecutive 24-hour periods. A workweek may begin on any day of the week and any hour of the day and need not coincide with a calendar week. The beginning of the workweek may only be changed by the employer if the change is intended to be permanent and is not designed to evade overtime requirements.

Emergency Exemption to Maximum Working Hours in Certain Manufacturing Establishments (OARD - Temp Administrative Order - OAR 839-001-0126)
Effective Date: 03/27/2020 through 09/22/2020

Employer Notice (print version - must return to BOLI)
Employee Waiver (keep on file)


Undue Hardship Exemption for Perishable Goods

Manufacturers of perishable products can apply for an undue hardship period exemption from the restrictions on the maximum workweek hours established by ORS 653.260 and ORS 653.265 if the employer, in the ordinary course of the employer’s business, processes perishable products. Employers claiming an undue hardship exemption must file a notice (WH-262) with the Bureau of Labor and Industries. When an undue hardship exists, an employee may consent in writing to work up to 84 hours per workweek for four workweeks and up to 80 hours per workweek for any remaining workweeks in the undue hardship period. A separate consent form (WH-263) is to be used for this purpose.
 

Forms 

 
WH-261 - Written request or consent to work more than 55 hours/workweek (Spanish version)
 
WH-262 - Notice of undue hardship period for manufacturing establishments
 
WH-263 - Employee consent to work more than 60 hours in a workweek due to employer’s undue hardship (Spanish version)
 

Additional Information 

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.

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For more information about Oregon’s wage and hour regulations and the restrictions on maximum work hours for employees in these establishments, visit www.oregon.gov/boli or contact:
 
Bureau of Labor and Industries (BOLI)
Wage and Hour Division
800 NE Oregon, Suite 1045
Portland, Oregon 97232
 
 
Telephone: (971) 673-0761