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Oregon Hours of Work: What you need to know

While on duty. Waiting time is paid work time when waiting is an integral part of the job and employees cannot use the time effectively for their own purposes (OR Admin. Rules Sec. 839-020-0041). Waiting time is not work time if employees can use it effectively for their own purposes and they are completely relieved of duty (i.e., when they are told in advance that they may leave the job and will not have to return to work until a specific time) .
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While on-call. Compensation is required for on-call time if employees are required to remain on the employer's premises or so close to the premises that they cannot use the time for their own purposes. Employees who are free to go home or only required to leave word where they may be reached are not “working” and need not be paid for such waiting time. Employees carrying cell phones or pagers need not be compensated while on-call unless they are contacted excessively to the point that they cannot use the time for their own purposes.
Under certain circumstances, an employee is considered to be working even though some time is spent in sleeping or in certain other activities (OR Admin. Rules Sec. 839-020-0042). An employee required to be on duty for less than 24 consecutive hours is working even though permitted to sleep or engage in other activities when not busy. If an employee is required to be on duty for 24 consecutive hours or more, the employer and the employee may agree to exclude bona fide meal periods and a bona fide regularly scheduled sleeping period of up to 8 hours from hours worked. If there is no expressed or implied agreement to exclude the sleeping and meal periods from hours worked, those periods constitute hours worked.
Facilities must be furnished by the employer so that the employee can “usually” enjoy an uninterrupted sleep period. If there is no expressed or implied agreement to the contrary, the 8 hours of sleeping time and lunch periods constitute hours worked. If the sleeping period is interrupted by a call to duty, the interruption must be counted as hours worked. If the sleep period is interrupted so that the employee cannot get a reasonable sleep period, the entire period is work time. A reasonable night's sleep is at least 5 continuous hours.

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave


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