Oregon Manufacturers May Be Eligible to Obtain Waivers From Complying With BOLI’s New Daily and Weekly Overtime Interpretation
Author: James M. Barrett (Portland)
Published Date: January 30, 2017
The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying with this new interpretation. BOLI will consider waivers of the daily overtime requirement, renewable on an annual basis, provided a manufacturer is able to demonstrate that (1) it has established regular work shifts in excess of 10 hours per day with the agreement of its employees; (2) the work schedule has not adversely affected the health and safety of the workers; (3) the workers receive rest and meal periods as required by law; and (4) the employer makes reasonable accommodations for employees who are unable to work over 10 hours in a day because of a health issue or physical disability. A copy of the waiver application is available for employers.
James Barrett represents private and public employers in all aspects of employment-related disputes. He has defended clients against single plaintiff and class action lawsuits involving claims relating to wage and hour disputes, drug testing, whistleblowing, discrimination, and retaliation. He has also successfully obtained injunctive relief to enforce non-competition agreements against a client’s former employees. Prior to joining Ogletree, James was a partner at Ater Wynne LLP in Portland,...