ORS 653.442: Right to rest between work shifts.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work during the following rest periods: (a) The first 10 hours following the end of the previous calendar day’s work shift or on-call shift; or (b) The first 10 hours following the end of a work shift or on-call shift that spanned two calendar days. (2) Except as provided in subsection (3) of this section, an employer shall compensate an employee for each hour or portion of an hour that the employee works during a rest period described in subsection (1) of this section at one and one-half times the employee’s regular rate of pay. (3) Subsection (2) of this section does not apply to any hour or portion of an hour an employee works during the rest period described in subsection (1) of this section during which the employee is engaged in providing roadside assistance services. As used in this subsection, “roadside assistance” means offsite repair assistance rendered to a motorist with a disabled vehicle. [2017 c.691 §6]
Official history and status
History: Note: See second note under 653.412.
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
- OAR 839-026-0000: Definitions — implements
- OAR 839-026-0010: Covered Employees and Integrated Enterprises — implements
- OAR 839-026-0020: Good Faith Estimate of Work Schedule — implements
- OAR 839-026-0030: Advance Notice of Work Schedule — implements
- OAR 839-026-0040: Right to Rest between Work Shifts — implements
- OAR 839-026-0050: Record Retention Requirements — implements
- OAR 839-026-0060: Employees Covered by Collective Bargaining Agreements or Other Contracts Providing Remedy Equal to or Better than Remedy in ORS 653.442 or 653.455 — implements
- OAR 839-026-0065: Unlawful Employment Practices — implements
- OAR 839-026-0120: Civil Penalties — implements
- OAR 839-026-0130: Schedule of Civil Penalties for Violations of ORS 653.412 to 653.485 — implements
- OAR 839-026-0140: Criteria for Determining a Civil Penalty — implements
This rule cites
No citations extracted.
Cited by
- ORS 653.412: Definitions.
- ORS 653.480: Enforcement; right of action; penalties.
- ORS 653.485: Legislative intent.
- OAR 839-020-0030: Payment of Overtime Wages — Generally
- OAR 839-026-0000: Definitions
- OAR 839-026-0040: Right to Rest between Work Shifts
- OAR 839-026-0060: Employees Covered by Collective Bargaining Agreements or Other Contracts Providing Remedy Equal to or Better than Remedy in ORS 653.442 or 653.455
- OAR 839-026-0120: Civil Penalties
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors653.html