Or. Admin. R. 839-026-0040

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-026-0040 - Right to Rest between Work Shifts

(1) Unless the employee requests or consents to work such hours, an employer may not schedule or require an employee to work:

(a) Less than ten hours after the end of the previous calendar day's work shift or on-call shift; or

(b) Less than ten hours following the end of a work shift or on-call shift that spanned two calendar days.

(2) An employee may request or consent to work shifts separated by less than 10 hours on a situational or on-going basis and may revoke such consent at any time during employment, provided that the employee follows the employer's usual and customary procedures for making work schedule changes.

(3) When an employee works during a rest period established by ORS 653.442(1), the employer shall pay the compensation required by ORS 653.442(2) regardless of whether the employee requested or consented to work shifts separated by less than ten hours. The compensation must be paid to the employee no later than the regular payday for the pay period during which the work was performed.

(4) When an employee works during a rest period established by ORS 653.442(1) but is engaged in "roadside assistance" as defined in ORS 653.442(3), the employer is not required to compensate an employee as described in ORS 653.442(2) for any time the employee spent performing roadside assistance services.

(5) The requirements of ORS 653.442 and this rule do not apply to "split shifts" that take place entirely within one calendar day. For example, if an employee works in the morning, takes an extended break during mid-day, and works again in the evening of the same day, the 10-hour right to rest between shifts does not apply.

Or. Admin. R. 839-026-0040

BLI 15-2018, adopt filed 06/08/2018, effective 7/1/2018

Statutory/Other Authority: ORS 651.060(4)

Statutes/Other Implemented: ORS 653.412 - 653.485