ORS 653.269: Exceptions to ORS 653.268; rules.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
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]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
- ORS 653.268 — resolved
- ORS 243.650 — resolved
- ORS chapter 261 — target_record_not_published
- ORS 399.075 — resolved
Cited by
- ORS 276.071: Applicability of certain statutes to public improvements under lease purchase agreements.
- OAR 839-020-0130: Overtime Exemption for Public Employees
- OAR 839-020-0200: Authority of Labor Commissioner to Define Terms Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
- OAR 839-020-0210: Exemptions from Overtime Relating to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities — Generally
- OAR 839-020-0220: Definitions for Regulations Pertaining to Persons Employed by a Public Agency in Fire Protection and Law Enforcement Activities
- OAR 839-020-0230: Limitation on Nonexempt Work
- OAR 839-020-0240: Public Agency Employees Engaged in Both Fire Protection and Law Enforcement Activities
- OAR 839-020-0250: Effect of Training Time
- OAR 839-020-0260: Application of ORS 653.269(3) to Ambulance and Rescue Service Employees
- OAR 839-020-0270: Other Overtime Exemptions May Apply to Public Employees Engaged in Fire Protection and Law Enforcement Activities
- OAR 839-020-0300: Authority of Labor Commissioner to Define Terms Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
- OAR 839-020-0310: Application of OAR 839-020-0300 to 839-020-0350
- OAR 839-020-0320: Definitions for Exemptions Relating to Executive, Administrative, Supervisory and Professional Employees of a Public Agency
- OAR 839-020-0330: Exception to Salary or Fee Basis
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors653.html