Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 4 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees engaged in commerce or in the production of goods for commerce, or employed in an enterprise engaged in commerce
Exceptions
Category
employees employed in a bona fide executive, administrative, or professional capacity (including academic administrative personnel or teachers in elementary or secondary schools)
Condition
Section 13(a)(1) of the Fair Labor Standards Act provides an exemption from the Act's minimum wage and overtime requirements (29 CFR 541.0(a)); salary requirements in 29 CFR part 541 subpart G apply
Category
outside sales employees
Condition
exempt from minimum wage and overtime requirements under section 13(a)(1) of the Act (29 CFR 541.0(a), 541.500)
Category
computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees
Condition
Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements (29 CFR 541.0(a)); see also 29 CFR 541.400
Category
employees of a retail or service establishment paid mainly by commission
Condition
if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services (29 U.S.C. 207(i))
Category
employees receiving remedial education
Condition
not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek without overtime pay, if the employee is receiving remedial education meeting 29 U.S.C. 207(q)
Category
employees of street, suburban or interurban electric railway, or local trolley or motorbus carrier employers in charter activities
Condition
hours employed in charter activities are excluded from the hours to which the overtime rate applies, if by prior agreement and not part of regular employment (29 U.S.C. 207(n))
no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. … No employer shall be deemed to have violated subsection (a) by employing any employee of a retail or service establishment for a workweek in excess of the applicable workweek specified therein, if (1) the regular rate of pay of such employee is in excess of one and one-half times the minimum hourly rate applicable to him under section 206 of this title, and (2) more than half his compensation for a representative period (not less than one month) represents commissions on goods or services. … Any employer may employ any employee for a period or periods of not more than 10 hours in the aggregate in any workweek in excess of the maximum workweek specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if during such period or periods the employee is receiving remedial education that is— … in determining the hours of employment of such an employee to which the rate prescribed by subsection (a) applies there shall be excluded the hours such employee was employed in charter activities by such employer if (1) the employee's employment in such activities was pursuant to an agreement or understanding with his employer arrived at before engaging in such employment, and (2) if employment in such activities is not part of such employee's regular employment. … No employer engaged in the operation of a hospital or an establishment which is an institution primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises shall be deemed to have violated subsection (a) if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days for purposes of overtime computation and if, for his employment in excess of eight hours in any workday and in excess of eighty hours in such fourteen-day period, the employee receives compensation at a rate not less than one and one-half times the regular rate at which he is employed. … No public agency shall be deemed to have violated subsection (a) with respect to the employment of any employee in fire protection activities or any employee in law enforcement activities (including security personnel in correctional institutions) if— … in a work period of 28 consecutive days the employee receives for tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours (as determined by the Secretary pursuant to section 6(c)(3) of the Fair Labor Standards Amendments of 1974) in tours of duty of employees engaged in such activities in work periods of 28 consecutive days in calendar year 1975 … No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of that specified in such subsection without paying the compensation for overtime employment prescribed therein if such employee is so employed— … and if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate at which he is employed. … For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year, any employer may employ any employee for a workweek in excess of that specified in subsection (a) without paying the compensation for overtime employment prescribed in such subsection, if such employee— … such employment by such employer which is in excess of ten hours in any workday, and … such employment by such employer which is in excess of forty-eight hours in any workweek,
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 3 · effective from until · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees, unless a specific exemption applies
Exceptions
Category
agricultural hand harvest or pruning laborers paid on a piece-rate basis
Condition
excluded under ORS 653.020(1)(a), (c) and (d): employed as a hand harvest or pruning laborer and paid on a piece-rate basis, under the conditions stated in those paragraphs
Category
members of an agricultural employer's immediate family
Condition
ORS 653.020(1)(b): Such individual is the parent, spouse, child or other member of the employer's immediate family
Category
range livestock employees
Condition
ORS 653.020(1)(e): principally engaged in the range production of livestock and earns a salary and is paid on a salary basis
Category
casual domestic service
Condition
ORS 653.020(2): employed in domestic service on a casual basis in or about a family home
Category
administrative, executive or professional employees
Condition
ORS 653.020(3): performs predominantly intellectual, managerial or creative tasks; exercises discretion and independent judgment; and earns a salary and is paid on a salary basis
Category
federal employees
Condition
ORS 653.020(4): employed by the United States
Category
enrolled students employed by their school
Condition
ORS 653.020(5): employed by an institution whose function is primary or secondary education, and in which the individual is an enrolled student
Upcoming changes
From : State (Oregon)amendment
overtime in us-or: version 6, effective 2027-01-01, published (amendment); replaces version 3
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
Version 6 · effective from · verified on
Verification: approved by a person (carried over from Juriset's first release).
Applies to
employees, unless a specific exemption applies
Exceptions
Category
individuals employed in agriculture (specified piece-rate hand harvest or pruning laborers, members of the employer's immediate family, salaried range livestock workers)
Condition
ORS 653.010 to 653.261 do not apply to: 'An individual employed in agriculture if:' the conditions of ORS 653.020(1)(a)-(e) are met
Category
casual domestic service
Condition
ORS 653.020(2): 'An individual employed in domestic service on a casual basis in or about a family home.'
Category
administrative, executive or professional employees
Condition
ORS 653.020(3): engaged in administrative, executive or professional work, performs predominantly intellectual, managerial or creative tasks, exercises discretion and independent judgment, and earns a salary and is paid on a salary basis
Category
federal employees
Condition
ORS 653.020(4): 'An individual employed by the United States.'
Category
students employed by their school
Condition
ORS 653.020(5): employed by an institution whose function is primary or secondary education, and in which the individual is an enrolled student
Category
outside salespersons and taxicab operators
Condition
ORS 653.020(6): 'An individual engaged in the capacity of an outside salesperson or taxicab operator.'
Change history
Federal: United States
Version
Effective
Published
Change
Value
4in effect
new
overtime in us: version 4, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
State: Oregon
Version
Effective
Published
Change
Value
6
amendment
overtime in us-or: version 6, effective 2027-01-01, published (amendment); replaces version 3
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
3in effect
to
new
overtime in us-or: version 3, effective 2026-10-24, published (new)
Overtime is paid at 1.5 times the regular rate after 40 hours in a week.
The response holds everything on this page, including each level's sources. See the API docs; a free key is enough for today's rule.
Informational only. Not legal advice. Verify with the cited source.
1.5
Alternative schemes
Group
employers engaged in the operation of a hospital or an establishment primarily engaged in the care of the sick, the aged, or the mentally ill or defective who reside on the premises
Condition
pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, a work period of fourteen consecutive days is accepted in lieu of the workweek of seven consecutive days (29 U.S.C. 207(j))
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
public agency employees in fire protection activities or law enforcement activities (including security personnel in correctional institutions)
Condition
in a work period of 28 consecutive days, tours of duty which in the aggregate exceed the lesser of (A) 216 hours, or (B) the average number of hours determined by the Secretary for calendar year 1975; shorter work periods of at least 7 days use the same ratio (29 U.S.C. 207(k))
Period days
28
Group
employees employed under collective bargaining agreements described in 29 U.S.C. 207(b)(1) or (2), or by independently owned local petroleum distribution enterprises described in 207(b)(3)
Condition
if such employee receives compensation for employment in excess of twelve hours in any workday, or for employment in excess of fifty-six hours in any workweek, as the case may be, at a rate not less than one and one-half times the regular rate (29 U.S.C. 207(b)); overtime required for hours in excess of the daily or weekly maximum, whichever number of hours is greater (29 CFR 778.602)
Period days
7
Threshold daily hours
12
Threshold period hours
56
Group
employees employed in auction sale, buying, handling, stripping, sorting, grading, packing or storing of specified types of green leaf or cigar leaf tobacco
Condition
For a period or periods of not more than fourteen workweeks in the aggregate in any calendar year (29 U.S.C. 207(m)); an employer using this exemption is not eligible for any other exemption under section 207
The Department’s regulations require executive, administrative, and professional employees to be paid at least a minimum salary amount to be exempt from the Fair Labor Standards Act’s minimum wage and overtime requirements under section 13(a)(1).
Section 13(a)(1) of the Fair Labor Standards Act, as amended, provides an exemption from the Act's minimum wage and overtime requirements for any employee employed in a bona fide executive, administrative, or professional capacity (including any employee employed in the capacity of academic administrative personnel or teacher in elementary or secondary schools), or in the capacity of an outside sales employee … Section 13(a)(17) of the Act provides an exemption from the minimum wage and overtime requirements for computer systems analysts, computer programmers, software engineers, and other similarly skilled computer employees.
he must be paid at such overtime rate for all hours worked in the workweek in excess of the applicable daily maximum or in excess of the applicable weekly maximum, whichever number of hours is greater.
ORS 653.020(6): engaged in the capacity of an outside salesperson or taxicab operator
Category
individuals domiciled at the workplace for emergency or occasional duties
Condition
ORS 653.020(7): domiciled at a place of employment for the purpose of being available for emergency or occasional duties
Category
individuals paid only to be available for recall
Condition
ORS 653.020(8): paid for specified hours of employment, the only purpose of which is to be available for recall to duty
Category
individuals domiciled at multiunit lodging for maintenance or management
Condition
ORS 653.020(9)
Category
seasonal organized camp employees
Condition
ORS 653.020(10): employed on a seasonal basis at an organized camp operated for profit with gross annual income of less than $500,000 or a nonprofit organized camp
Category
nonprofit conference ground or center employees
Condition
ORS 653.020(11)
Category
volunteer firefighters
Condition
ORS 653.020(12)
Category
in-home child care providers
Condition
ORS 653.020(13): performs child care services in the home of the individual or in the home of the child
Category
domestic companionship services
Condition
ORS 653.020(14)
Category
golf caddies in training programs
Condition
ORS 653.020(15)
Category
volunteer golf course marshals
Condition
ORS 653.020(16), subject to the conditions stated there
Category
adult foster home resident managers
Condition
ORS 653.020(17)
Category
mobile home or manufactured dwelling park resident maintenance/management workers
Condition
ORS 653.020(18)
Category
volunteer campground hosts
Condition
ORS 653.020(19)
Category
nonprofessional ski patrollers and ski race volunteers paid only in passes
Condition
ORS 653.020(20)
Category
minor league baseball players under a collective bargaining agreement
Condition
ORS 653.020(21)
Category
agricultural administrative, executive or professional employees
Condition
excluded from ORS 653.272 agricultural overtime under ORS 653.273(2)
Category
labor employed in forest fire fighting (public employers)
Condition
excluded from ORS 653.268 overtime pay under ORS 653.269(1)
Category
irrigation system district employees distributing water
Condition
ORS 653.269(2)
Category
public employer fire protection and law enforcement employees, including corrections security personnel
Condition
ORS 653.269(3)
Category
people's utility district employees
Condition
ORS 653.269(4)
Category
public employees exempted for executive, administrative, supervisory or professional nature of employment
Condition
ORS 653.269(5)(a)
Category
public employees under a collective bargaining agreement expressly waiving ORS 653.268
Condition
ORS 653.269(5)(b)
Category
members of the organized militia in active state service
Condition
ORS 653.269(7)
Multiplier
1.5
Alternative schemes
Group
agricultural workers
Condition
ORS 653.272(1)(b), (2): for calendar years 2025 and 2026, hours in excess of 48 hours in one workweek compensated at one and one-half times the worker's regular rate of pay
Period days
7
Threshold period hours
48
Group
Public employer hospital or residential care institution employees (ORS 653.269(6))
Condition
Employees of a public employer engaged in the operation of a hospital or an institution primarily engaged in the care of persons who are sick or aged or have mental illness and who reside on the premises. ORS 653.269(6): before performance of the work and pursuant to an agreement between the employer and employee or the bargaining representative, a work period of 14 consecutive days is accepted in lieu of the workweek of seven consecutive days
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
employees employed by a seafood processor
Condition
ORS 653.263(2): one and one-half times the regular rate for each hour worked over 10 hours in any one day (not applicable to employees engaged in manufacturing or with administrative principal duties, ORS 653.263(3))
Threshold daily hours
10
Group
employees employed in any cannery, drier or packing plant
Condition
ORS 653.265(2)(d), (3): one and one-half times the regular rate for each hour over 10 hours in any one day; employer shall calculate overtime on a daily basis and on a weekly basis under ORS 653.261(1) and pay the greater of the two amounts (exclusions in ORS 653.265(7) and (8))
Threshold daily hours
10
Group
domestic workers
Condition
ORS 653.547(2)(a): notwithstanding ORS 653.020, overtime at one and one-half times the worker's base rate for hours worked in excess of 40 hours in a workweek
Period days
7
Threshold period hours
40
Group
domestic workers who live in the home of the employer
Condition
ORS 653.547(2)(a): in excess of 44 hours in a workweek if the domestic worker lives in the home of the employer
Unless a specific exemption applies, employees must receive at least the minimum wage for all hours worked. They must also receive at least one and one-half times their regular rate of pay for hours worked over 40 each workweek (overtime).
after 40 hours of work in one workweek overtime may be paid, but in no case at a rate higher than one and one-half times the regular rate of pay of the employees when computed without benefit of commissions, overrides, spiffs and similar benefits. … ORS 653.010 to 653.261 do not apply to any of the following employees: … (1) An individual employed in agriculture if: … (a) Such individual is employed as a hand harvest or pruning laborer and is paid on a piece-rate basis … (b) Such individual is the parent, spouse, child or other member of the employer’s immediate family; … (e) Such employee is principally engaged in the range production of livestock and earns a salary and is paid on a salary basis. … (2) An individual employed in domestic service on a casual basis in or about a family home. … (3) An individual engaged in administrative, executive or professional work who: … (4) An individual employed by the United States. … (5) An individual who is employed by an institution whose function is primary or secondary education, and in which the individual is an enrolled student. … (6) An individual engaged in the capacity of an outside salesperson or taxicab operator. … (7) An individual domiciled at a place of employment for the purpose of being available for emergency or occasional duties … (8) An individual paid for specified hours of employment, the only purpose of which is to be available for recall to duty. … (9) An individual domiciled at multiunit accommodations designed to provide other people with temporary or permanent lodging, for the purpose of maintenance, management or assisting in the management of same. … (10) An individual employed on a seasonal basis at: … (11) An individual employed at a nonprofit conference ground or center operated for educational, charitable or religious purposes. … (12) An individual who performs services as a volunteer firefighter, as defined in ORS 652.050. … (13) An individual who performs child care services in the home of the individual or in the home of the child. … (14) An individual employed in domestic service employment in or about a family home to provide companionship services for individuals who, because of age or infirmity, are unable to care for themselves. … (15) An individual who performs service as a caddy at a golf course … (16) An individual who volunteers as a golf course marshal if: … (17) An individual employed as a resident manager by an adult foster home that is licensed pursuant to ORS 443.705 to 443.825 and who is domiciled at the adult foster home. … (18) An individual residing in a mobile home park or manufactured dwelling park designed to provide other people with temporary or permanent lodging, for the purpose of maintenance, management or in assisting in the management of same. … (19) An individual who volunteers as a campground host … (a) Is registered with the National Ski Patrol or a similar nonprofit ski patrol organization as a nonprofessional ski patroller … (21) An individual who has entered into a contract to play minor league baseball for a professional sports organization and who is subject to a collective bargaining agreement … (2) An individual employed in agriculture whose principal duties are administrative, executive or professional work and who: … 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 … (4) Employees of a people’s utility district organized under ORS chapter 261. … (a) By a public employer as defined in ORS 243.650 because of the executive, administrative, supervisory or professional nature of their employment … (b) By a collective bargaining agreement expressly waiving application of ORS 653.268. … (7) Members of the organized militia while in active service of the state in accordance with ORS 399.075. … (b) For calendar years 2025 and 2026, 48 hours in one workweek. … (2) An employer may permit, require or suffer an agricultural worker to work more than the maximum allowable hours in one workweek provided under subsection (1) of this section if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of the maximum allowable hours. … (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. … An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows: … One and one-half times the employee’s regular rate of pay for each hour the employee works over 10 hours in any one day if the employee is an hourly employee … An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows: … An employer shall calculate an employee’s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts … Notwithstanding ORS 653.020, pay the domestic worker an overtime wage at a rate of one and one-half times the worker’s base rate for hours worked in excess of 40 hours in a workweek, or in excess of 44 hours in a workweek if the domestic worker lives in the home of the employer.
individuals domiciled at a place of employment for emergency or occasional duties
Condition
ORS 653.020(7): for time other than that spent performing these duties
Category
individuals paid only to be available for recall
Condition
ORS 653.020(8): paid for specified hours of employment, the only purpose of which is to be available for recall to duty
Category
individuals domiciled at multiunit lodging for maintenance or management
Condition
ORS 653.020(9)
Category
seasonal employees at organized camps
Condition
ORS 653.020(10): for-profit organized camp with gross annual income of less than $500,000, or a nonprofit organized camp
Category
employees at nonprofit conference grounds or centers
Condition
ORS 653.020(11): operated for educational, charitable or religious purposes
Category
volunteer firefighters
Condition
ORS 653.020(12): as defined in ORS 652.050
Category
child care providers
Condition
ORS 653.020(13): performs child care services in the home of the individual or in the home of the child
Category
companionship services in a family home
Condition
ORS 653.020(14) as amended by Oregon Laws 2026, ch. 2: companionship services, as defined in 29 C.F.R. 552.6, as in effect on January 1, 2016, for individuals unable to care for themselves, 'unless, and only to the extent that, the individual is employed, singly or jointly, by a third party engaged in the business of providing home care or companionship services'
Category
golf caddies
Condition
ORS 653.020(15): in an established program for the training and supervision of caddies
Category
volunteer golf course marshals
Condition
ORS 653.020(16): if the conditions in (a)-(c) are met
Category
resident managers of adult foster homes
Condition
ORS 653.020(17): licensed adult foster home, domiciled at the home
Category
mobile home park or manufactured dwelling park residents doing maintenance or management
Condition
ORS 653.020(18)
Category
volunteer campground hosts
Condition
ORS 653.020(19): resides in a campground owned by a public agency
Category
volunteer ski patrollers and ski race volunteers
Condition
ORS 653.020(20): receives no wage other than ski area passes
Category
minor league baseball players
Condition
ORS 653.020(21): subject to a collective bargaining agreement providing for wages and working conditions
Category
labor employed in forest fire fighting
Condition
ORS 653.269(1): provisions of ORS 653.268 relating to pay for overtime shall not apply
Category
irrigation system district employees
Condition
ORS 653.269(2): actually engaged in the distribution of water for irrigation or domestic use
Category
public employer fire protection and law enforcement employees
Condition
ORS 653.269(3): including security personnel in corrections institutions, as defined by rule
Category
people's utility district employees
Condition
ORS 653.269(4)
Category
public employer executive, administrative, supervisory or professional employees
Condition
ORS 653.269(5)(a): exempted from overtime by a public employer because of the nature of their employment as defined by rule
Category
public employees under a collective bargaining agreement waiving ORS 653.268
Condition
ORS 653.269(5)(b): 'By a collective bargaining agreement expressly waiving application of ORS 653.268.'
Category
members of the organized militia
Condition
ORS 653.269(7): while in active service of the state in accordance with ORS 399.075
Category
agricultural administrative, executive or professional employees
Condition
ORS 653.273(2): ORS 653.272 overtime does not apply to an individual employed in agriculture whose principal duties are administrative, executive or professional work and who meets (a)-(c)
Multiplier
1.5
Alternative schemes
Group
agricultural workers
Condition
ORS 653.272(1)(c), (2): 'For calendar year 2027 and each year thereafter, 40 hours in one workweek'
Period days
7
Threshold period hours
40
Group
employees of a public employer engaged in the operation of a hospital or residential care institution
Condition
ORS 653.269(6): before performance of the work and pursuant to an agreement between the employer and employee or bargaining representative, a work period of 14 consecutive days is accepted in lieu of the workweek
Period days
14
Threshold daily hours
8
Threshold period hours
80
Group
employees employed by a seafood processor
Condition
ORS 653.263(2): may not work more than 10 hours in any one day unless compensated at one and one-half times
Threshold daily hours
10
Group
employees employed in any cannery, drier or packing plant
Condition
ORS 653.265(2)(d), (3): overtime at one and one-half times for each hour over 10 hours in any one day; employer calculates daily overtime and weekly overtime under ORS 653.261(1) and pays 'the greater of the two amounts'
Threshold daily hours
10
Group
domestic workers
Condition
ORS 653.547(2)(a) as amended by Oregon Laws 2026, ch. 2: 'Notwithstanding ORS 653.020, pay the domestic worker an overtime wage at a rate of one and one-half times the worker’s base rate for hours worked in excess of 40 hours in a workweek'. From 2027 a 'domestic worker' includes companions employed by a third party in the business of providing home care or companionship services (653.547(1)(b)(B)(ix) as amended).
Period days
7
Threshold period hours
40
Group
domestic workers who live in the home of the employer
Condition
ORS 653.547(2)(a): 'in excess of 44 hours in a workweek if the domestic worker lives in the home of the employer'
Unless a specific exemption applies, employees must receive at least the minimum wage for all hours worked. They must also receive at least one and one-half times their regular rate of pay for hours worked over 40 each workweek (overtime).
(14) An individual employed in domestic service
employment in or about a family home to provide
companionship services, as defined in 29 C.F.R.
552.6, as in effect on January 1, 2016, for individuals who, because of age or infirmity, are unable to
care for themselves, unless, and only to the extent
that, the individual is employed, singly or
jointly, by a third party engaged in the business
of providing home care or companionship services. … Effective date January 1, 2027
653.020 Excluded employees. ORS 653.010 to 653.261 do not apply to any of the following employees: … (1) An individual employed in agriculture if: … (2) An individual employed in domestic service on a casual basis in or about a family home. … (3) An individual engaged in administrative, executive or professional work who: … (4) An individual employed by the United States. … (5) An individual who is employed by an institution whose function is primary or secondary education, and in which the individual is an enrolled student. … (6) An individual engaged in the capacity of an outside salesperson or taxicab operator. … (7) An individual domiciled at a place of employment for the purpose of being available for emergency or occasional duties for time other than that spent performing these duties … (8) An individual paid for specified hours of employment, the only purpose of which is to be available for recall to duty. … (9) An individual domiciled at multiunit accommodations designed to provide other people with temporary or permanent lodging, for the purpose of maintenance, management or assisting in the management of same. … (10) An individual employed on a seasonal basis at: … (11) An individual employed at a nonprofit conference ground or center operated for educational, charitable or religious purposes. … (12) An individual who performs services as a volunteer firefighter, as defined in ORS 652.050. … (13) An individual who performs child care services in the home of the individual or in the home of the child. … (15) An individual who performs service as a caddy at a golf course … (16) An individual who volunteers as a golf course marshal if: … (17) An individual employed as a resident manager by an adult foster home … (18) An individual residing in a mobile home park or manufactured dwelling park … (19) An individual who volunteers as a campground host … (a) Is registered with the National Ski Patrol or a similar nonprofit ski patrol organization as a nonprofessional ski patroller … (21) An individual who has entered into a contract to play minor league baseball for a professional sports organization … 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 … (4) Employees of a people’s utility district organized under ORS chapter 261. … (a) By a public employer as defined in ORS 243.650 because of the executive, administrative, supervisory or professional nature of their employment … (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. … The provisions of ORS 653.272 relating to overtime compensation requirements for agricultural workers do not apply to: … (2) An individual employed in agriculture whose principal duties are administrative, executive or professional work and who: … (a) Except as provided in paragraphs (b) to (d) of this subsection, an employer may not require or permit an employee employed in any cannery, drier or packing plant in this state to work more than: … (d) An employer may permit an employee described in paragraph (a) of this subsection to work more than 10 hours in any one day if the employer compensates the employee as follows: … (3) An employer shall calculate an employee’s overtime on a daily basis under subsection (2)(d) of this section and on a weekly basis under ORS 653.261 (1) and pay the greater of the two amounts if, during the same workweek, the employee works more than: … (2) An employer may not require or permit an employee employed by a seafood processor to work more than 10 hours in any one day unless the employer compensates the employee as follows: … (c) For calendar year 2027 and each year thereafter, 40 hours in one workweek. … (2) An employer may permit, require or suffer an agricultural worker to work more than 40 hours in one workweek if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of 40 hours. … (a) Notwithstanding ORS 653.020, pay the domestic worker an overtime wage at a rate of one and one-half times the worker’s base rate for hours worked in excess of 40 hours in a workweek, or in excess of 44 hours in a workweek if the domestic worker lives in the home of the employer.