653.269
Exceptions to ORS 653.268; rules.
The provisions of ORS 653.268 relating to pay for overtime shall not apply to:
(1) Labor
employed in forest fire fighting.
(2) Employees of
any irrigation system district actually engaged in the distribution of water
for irrigation or domestic use.
(3) Employees of
a public employer, as defined in ORS 243.650, who are employed in fire
protection or law enforcement activities, including security personnel in
corrections institutions, as those employees and activities are defined by rule
of the Commissioner of the Bureau of Labor and Industries.
(4) Employees of
a people’s utility district organized under ORS chapter 261.
(5) Employees
exempted from overtime:
(a) By a public
employer as defined in ORS 243.650 because of the executive, administrative,
supervisory or professional nature of their employment as the nature of such
employment is defined by rule of the Commissioner of the Bureau of Labor and
Industries; or
(b) By a
collective bargaining agreement expressly waiving application of ORS 653.268.
(6) Employees of
a public employer as defined in ORS 243.650 engaged in the operation of a
hospital or an establishment that is an institution primarily engaged in the
care of persons who are sick or aged or have mental illness or mental
retardation and who reside on the premises if, before performance of the work
and pursuant to an agreement between the employer and employee or between the
employer and the bargaining representative of the employees when the employees
are represented under a collective bargaining agreement, a work period of 14
consecutive days is accepted in lieu of the workweek of seven consecutive days
for purposes of overtime computation and if, for the employee’s employment in
excess of eight hours in any workday and in excess of 80 hours in such 14-day
period, the employee receives compensation at a rate not less than one and
one-half times the rate at which the employee is employed.
(7) Members of
the organized militia while in active service of the state in accordance with
ORS 399.075. [Formerly 279.342; 2007 c.70 §283; 2023 c.122 §9]
653.270 [Repealed by 1967 c.596 §15]
Notes of Decisions
Young v. State of Oregon, 133 P.3d 915 (Or. 2006).
“342(5) (1993), renumbered as ORS 653.269(5) (2005), 3 exempted from overtime all salaried white-collar employees of those specified public entities, that is, employees of counties, municipalities, and the like, who held “executive, administrative, supervisory or professional”…”
Byrd v. Oregon State Police, 238 P.3d 404 (Or. Ct. App. 2010).
· cites it 5× “ORS 653.269(3) exempts from overtime pay public employees who are engaged in law enforcement activities, as those activities are *560 defined by Bureau of Labor and Industries (BOLI) rule.”
Young v. State, 96 P.3d 1239 (Or. Ct. App. 2004).
“268 and ORS 653.269, respectively. However, the legislature directed that the renumbering of ORS 279.”
Young v. State, 188 P.3d 476 (Or. Ct. App. 2008).
“342(5)(a) *149 (1993), renumbered as ORS 653.269(5)(a) (2005), which provided an exemption from the overtime pay provisions of ORS 279.”
Folkers v. Lincoln Cnty. Sch. Dist., 135 P.3d 373 (Or. Ct. App. 2006).
“020(3) (exempting from certain wage and hour provisions individuals who are engaged in certain administrative, executive, or professional work and who are paid on a salary basis); ORS 653.269(5)(a) (exempting from overtime provisions that are otherwise applicable to public…”
— Or. Rev. Stat. § 653.269(3) — 1 case
Byrd v. Oregon State Police, 238 P.3d 404 (Or. Ct. App. 2010).
“ORS 653.269(3) exempts from overtime pay public employees who are engaged in law enforcement activities, as those activities are *560 defined by Bureau of Labor and Industries (BOLI) rule.”
— Or. Rev. Stat. § 653.269(5) — 1 case
Young v. State of Oregon, 133 P.3d 915 (Or. 2006).
“342(5) (1993), renumbered as ORS 653.269(5) (2005), 3 exempted from overtime all salaried white-collar employees of those specified public entities, that is, employees of counties, municipalities, and the like, who held “executive, administrative, supervisory or professional”…”
— Or. Rev. Stat. § 653.269(5)(a) — 2 cases
Young v. State, 188 P.3d 476 (Or. Ct. App. 2008).
“342(5)(a) *149 (1993), renumbered as ORS 653.269(5)(a) (2005), which provided an exemption from the overtime pay provisions of ORS 279.”
Folkers v. Lincoln Cnty. Sch. Dist., 135 P.3d 373 (Or. Ct. App. 2006).
“020(3) (exempting from certain wage and hour provisions individuals who are engaged in certain administrative, executive, or professional work and who are paid on a salary basis); ORS 653.269(5)(a) (exempting from overtime provisions that are otherwise applicable to public…”
— Or. Rev. Stat. § 653.269(5)(b) — 1 case
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