The Oregon Bureau of Labor and Industries (BOLI) recently made a surprising change in its interpretation of the daily and weekly overtime requirements for manufacturers. Employers may be able to obtain a waiver from complying with this new interpretation. BOLI will consider waivers of the daily overtime requirement, renewable on an annual basis, provided a manufacturer is able to demonstrate that (1) it has established regular work shifts in excess of 10 hours per day with the agreement of its employees; (2) the work schedule has not adversely affected the health and safety of the workers; (3) the workers receive rest and meal periods as required by law; and (4) the employer makes reasonable accommodations for employees who are unable to work over 10 hours in a day because of a health issue or physical disability. A copy of the waiver application is available for employers. 

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Ogletree Deakins’ Wage and Hour Practice Group features attorneys who are experienced in advising and representing employers in a wide range of wage and hour issues, and who are located in Ogletree Deakins’ offices across the country.

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