New Overtime Requirements for Bakeries and Tortilla Manufacturers

July 27, 2022

Jordan Jeter - Tonkon Torp LLP

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Oregon

Beginning January 1, 2023, bakeries and tortilla manufacturers face new requirements for scheduling mandatory overtime shifts for employees. In March 2022, Governor Brown signed Senate Bill 1513, which amends ORS 652.020 and prohibits certain employers from taking adverse employment actions against employees who refuse to work a mandatory overtime shift without at least five days advanced notice of the overtime shift. That notice must include the date and time of the overtime shift.  

The new requirement applies only to employers of “manufacturing establishments” classified within the North American Industry Classification System under code 3118, which includes establishments primarily engaged in one of the following:

1. Manufacturing fresh and frozen bread and other bakery products;
2. Retailing bread and other bakery products not for immediate consumption made on the premises from flour, not from prepared dough;
3. Manufacturing cookies, crackers, and dry pasta;
4. Manufacturing prepared flour mixes or dough from flour ground elsewhere; or
5. Manufacturing tortillas.

Employer violations of the new provision are an unlawful employment practice subject to enforcement by the Bureau of Labor and Industries.

Other overtime restrictions and scheduling prohibitions found in ORS 652.020 remain in place. The law generally prohibits employers in the manufacturing and food industry sectors from requiring employees to work more than 55 hours in a workweek unless they consent in writing to work up to 60 hours. Additional exceptions exist if the employer can show undue hardship.

Employers should review their policies now in preparation for the January 1, 2023 effective date.

This update is prepared for the general information of our clients and friends. It should not be regarded as legal advice. If you have questions about the issues raised here, please contact any of the attorneys in our Labor & Employment Practice Group, or the attorney with whom you normally consult.

About Tonkon Torp

Tonkon Torp LLP is a leading business and litigation law firm serving public companies, substantial private enterprises, entrepreneurial businesses, and individuals throughout the Northwest. For more information, visit tonkon.com.