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Bill > HB4002

OR HB4002

OR HB4002
Relating to overtime for agricultural workers; and prescribing an effective date.

summary

Introduced
02/01/2022
In Committee
03/02/2022
Crossed Over
03/01/2022
Passed
03/03/2022
Dead
Signed/Enacted/Adopted
04/19/2022

Introduced Session

2022 Legislative Measures

Bill Summary

Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. Specifies exemptions to overtime compensation requirements. Requires Employment Department, in consultation with Bureau of Labor and Industries, Department of Revenue and State Department of Agriculture, to submit report to interim committees of Legislative Assembly related to agriculture on identified economic impacts of overtime compensation requirements under Act. Requires division of Oregon Department of Administrative Services that serves as office of economic analysis to include in economic forecast for biennium any available relevant economic and wage data related to agricultural economy as impacted by overtime compensation requirements. Requires State Department of Agriculture and Oregon Business Development Department to make recommendations for legislation to regular or interim committee of Legislative Assembly related to agriculture on available options for establishing grant, loan or other lending program to provide financial assistance to employers to mitigate costs associated with compliance with overtime compensation requirements. Creates refundable income or corporate excise tax credit allowed to employer for excess amount of wages paid as overtime pay to agricultural workers. Provides for administration of credit by Department of Revenue. Directs department to issue notice to taxpayers that meet application requirements and indicate maximum amount of credit allowed. Provides for Legislative Assembly to use reports submitted by agencies to adjust tax credit provisions and revise rates if deemed appropriate. Applies to tax years beginning on or after January 1, 2023 , and before January 1, 2029]. Takes effect on 91st day following adjournment sine die.

AI Summary

This bill: Prohibits employers from permitting or requiring agricultural workers to work more than 40 hours in a workweek, unless the employer compensates the worker at one and a half times their regular rate of pay for any overtime hours worked. The bill phases in these overtime requirements, starting at 55 hours per workweek in 2023-2024, then decreasing to 48 hours in 2025-2026, and finally 40 hours in 2027 and beyond. The bill creates certain exemptions from the overtime requirements, such as for administrative, executive or professional agricultural workers, and for immediate family members of the employer. The bill requires various state agencies to submit reports on the economic impacts of the overtime requirements, and to make recommendations on establishing financial assistance programs for employers to help with compliance costs. The bill also creates a refundable tax credit for employers to offset a portion of the overtime wages paid to agricultural workers, with the credit amount varying based on the size and type of the employer's agricultural operations. Overall, the bill aims to extend overtime protections to agricultural workers in Oregon, while providing some economic support to employers to mitigate the increased labor costs.

Committee Categories

Budget and Finance, Business and Industry, Labor and Employment

Sponsors (20)

Last Action

Chapter 115, (2022 Laws): Effective date June 3, 2022. (on 04/19/2022)

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