Or. Admin. Code § 839-021-0067

Current through Register Vol. 64, No. 1, January 1, 2025

Section 839-021-0067 - Hours of Employment for Minors 16 and 17 Years of Age

(1) An employer may not employ a 16- or 17-year-old to work more than 44 hours per week except those employed in organized youth camps or those employed in agricultural employment.

(2) An employer who wishes to employ a 16- or 17-year-old to work more than 44 hours per week must first obtain a Special Emergency Overtime Permit from the Bureau. This permit will not be issued unless:

(a) The number of hours does not exceed those provided by statute; and

(b) When the minor is not otherwise exempt from the overtime pay provisions of any law, the minor receives one- and one-half times the regular rate of pay for all hours worked over 40 in a workweek and other overtime where it applies.

(3) The maximum number of hours for a 16- or 17-year-old employed in a cannery is ten hours per day.

(4) An employer who wishes to employ a 16- or 17-year-old in a cannery for time in excess of ten hours per day, but no more than 55 hours in a week, may apply in writing to the Bureau.

(a) The employer must set out the full and complete circumstances of the proposed employment in the written application.

(b) The Bureau will investigate the terms and conditions of the proposed employment.

(c) If the Bureau determines that the character of the employment is suitable, that the employment will not adversely affect the well-being of the minor, and that the hour limitation creates an adverse effect on the opportunities of the minor, the Bureau will issue a Special Emergency Overtime Permit to the employer.

(d) If, the Bureau determines that the character of the employment is unsuitable, that the employment will adversely affect the well-being of the minor or that there is no adverse effect on the employment opportunities of the minor, the Bureau will refuse to issue a Special Emergency Overtime Permit.

Or. Admin. Code § 839-021-0067

BL 142, f. 6-28-73, ef. 7-15-73; BL 3-1979(Temp), f. & ef. 3-21-79; BL 5-1979(Temp), f. & ef. 5-16-79; BL 12-1979, f. & ef. 9-6-79; BL 11-1981(Temp), f. & ef. 10-30-81; BL 4-1982, f. & ef. 3-5-82; BL 6-1988, f. & cert. ef. 4-12-88; BL 11-1990, f. 8-16-90, cert. ef. 9-1-90; BL 11-1991, f. & cert. ef. 10-31-91; BL 3-1995, f. 9-8-95, cert. ef. 9-9-95; BLI 9-2002, f. 3-28-02, cert. ef. 4-1-02; BLI 10-2013, f. 12-18-13, cert. ef. 1-1-14; BLI 1-2024, amend filed 01/04/2024, effective 1/4/2024

Statutory/Other Authority: ORS 651.060, ORS 653.040, ORS 653.261, ORS 653.305, ORS 653.307 & ORS 653.400

Statutes/Other Implemented: ORS 653.261 & ORS 653.305