Oregon Revised Statutes

Or. Rev. Stat. § 653.268 (2026)

Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff

✓ current as of May 2026

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653.268 Overtime for labor directly employed by public employers; special provisions for correctional facility nursing staff. (1) Labor directly employed by any public employer as defined in ORS 243.650 shall be compensated, if budgeted funds for such purpose are available, for overtime worked in excess of 40 hours in any one week, at not less than one and one-half times the regular rate of such employment. If budgeted funds are not available for the payment of overtime, such overtime shall be allowed in compensatory time off at not less than time and a half for employment in excess of 40 hours in any one week.

(2) Nothing in this section shall prevent a labor organization under the National Labor Relations Act or ORS 243.650 to 243.809 or other employees from negotiating additional overtime pay requirements with a public employer.

(3) Regardless of the availability of budgeted funds, if mandatory overtime is assigned, nursing staff directly employed in a correctional facility may not be required to work:

(a) Beyond the agreed-upon and prearranged shift, regardless of the length of the shift;

(b) More than 48 hours in any workweek;

(d) During the 10-hour period immediately following the 12th hour worked during a 24-hour period.

(4) A correctional facility may require a nursing staff member to work up to four additional hours beyond the allowable hours of work as described in subsection (3) of this section if:

(a) A staff vacancy for the next shift becomes known at the end of the current shift; or

(b) There is a potential for harm to an assigned patient if the nursing staff member leaves the assignment or transfers care to another nursing staff member.

(5) Subsection (3) of this section does not apply to nursing staff members who are assigned to work mandatory overtime upon the occurrence of any of the following emergency circumstances:

(a) Sudden and unforeseen adverse weather conditions;

(b) An infectious disease epidemic suffered by correctional facility staff;

(c) Any unforeseen event, including security lockdown procedures, that would prevent scheduled replacement nursing staff members from approaching or entering the correctional facility; or

(d) Unplanned direct care nursing staff vacancies for the next shift that amount to at least 20 percent of the nursing staff scheduled for the next shift, if the correctional facility determines that the number of direct care nursing staff scheduled and available for the next shift cannot ensure the health and safety of the patients at the facility.

(6) As used in this section:

(a) “Correctional facility” means a Department of Corrections institution.

(b) “Nursing staff” has the meaning given that term in ORS 441.179. [Formerly 279.340; 2019 c.582 §1]

Notes of Decisions

Cited in 7 cases, 2004–2014 · leading case: Young v. State of Oregon, 133 P.3d 915 (Or. 2006).

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Young v. State of Oregon, 133 P.3d 915 (Or. 2006). · cites it 3× “340(1) (1995), renumbered as ORS 653.268(1) (2005), required the state to pay “white-collar employees” 1 one and one-half times their “regular rate” for overtime or whether that statute instead permitted the state to pay those employees one-half their regular rate for overtime…”

Young v. State of Oregon, 212 P.3d 1258 (Or. 2009). “340(1) (1995), renumbered as ORS 653.268(1) (2003), 1 attorney fees under ORS 652.”

Byrd v. Oregon State Police, 238 P.3d 404 (Or. Ct. App. 2010). · cites it 3× “ORS 653.268 provides generally for the payment of overtime pay to public employees.”

Young v. State, 96 P.3d 1239 (Or. Ct. App. 2004). “In the 2003 version of the Oregon Revised Statutes, Legislative Counsel has compiled those statutes at ORS 653.268 and ORS 653.269, respectively.”

Int'l Ass'n of Fire Fighters, Local 3564 v. City of Grants Pass, 326 P.3d 1214 (Or. Ct. App. 2014). “269(5)(b) (providing that public employees may be exempted from the overtime scheme established by ORS 653.268 if covered by a collective bargaining agreement that expressly waives the application of that statute); ORS 652.”

Young v. State, 188 P.3d 476 (Or. Ct. App. 2008). “340(1) (1995), renumbered as ORS 653.268(1) (2003). 1 That statute — which previously had required other public employers, including counties, municipalities, and municipal corporations, to pay overtime compensation — was amended in 1995 to also apply to the state.”

Young v. State, 265 P.3d 32 (Or. Ct. App. 2011). “By oversight, the amended statutes did not exclude state “white collar” employees from overtime pay.”

— Or. Rev. Stat. § 653.268(1) — 4 cases

Young v. State of Oregon, 133 P.3d 915 (Or. 2006). “340(1) (1995), renumbered as ORS 653.268(1) (2005), required the state to pay “white-collar employees” 1 one and one-half times their “regular rate” for overtime or whether that statute instead permitted the state to pay those employees one-half their regular rate for overtime…”

Young v. State of Oregon, 212 P.3d 1258 (Or. 2009). “340(1) (1995), renumbered as ORS 653.268(1) (2003), 1 attorney fees under ORS 652.”

Young v. State, 265 P.3d 32 (Or. Ct. App. 2011). “By oversight, the amended statutes did not exclude state “white collar” employees from overtime pay.”

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