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7. ORS 279.520 Conditions Concerning Hours and ORS 279C.540 Maximum hours of labor on public contracts; <br />holidays; exceptions; liability to workers; rules. <br />7.1. A person may not be employed for more, or required or permitted to labor more than 10 hours in any one day, or 40 hours <br />in any one week, except in cases of necessity or emergency or when the public policy absolutely requires it, in which <br />event, except in cases of contracts for architect, engineering, land surveying or related consultant services, the person so <br />employed for excessive hours shall receive at least time and a half pay: <br />(a) (A) For aU overtime in excess of eight (8}hours in any one day or 40 hours in any one week when the work week is <br />five consecutive days, Monday through Friday; or <br />(B) For all overtime in excess of 10 hours in any one day or 40 hours in any one week when the work week is four <br />consecutive days, Monday through Friday; and <br />', (b) For all work perforated on Saturday and on the following legal holidays: <br />(A) Each Sunday. <br />(B) New Year's Day on January 1. <br />(C) Memorial Day on the last Monday in May. <br />(D) Independence Day on July 4. <br />(E) Labor Day on the first Monday in September. <br />(F) Thanksgiving Day on the fourth Thursday in November. <br />(G) Christmas Day on December 25. <br />7.2. An employer shah give notice in writing to empbyees who perform work under subsection 7.1, either at the time of hire or <br />before commencement of work on the contract, or by posting a notice in a location frequented by empbyees, of the <br />number of hours per day and days per week that employees maybe required to work. <br />7.3. For the purpose of this section, each time a legal holiday listed in subsection 7.1, other than Sunday, falls on Sunday, the <br />succeeding Monday shall be recognized as a legal holiday. Each time a legal holiday listed in subsection 7.1 falls on <br />Saturday, the preceding Friday shall be recognized as a legal holiday. <br />7.4. Subsections 7.1 and 7.2 of this section do not apply to labor on a public improvement contract or to construction services <br />if the contractor is a party to a collective bargaining agreement in effect with any labor organization. <br />7.5. When speafically agreed to under a written Tabor-management negotiated labor agreement, an employee may be paid at <br />least time and a half pay for work performed on any legal holiday specified in ORS 187.010 and 187.020 that is not listed <br />in subsection 7.1. <br />7.6. This section does not apply to contracts for architect, engineering, land surveying or related consultant services, provided <br />that persons employed under such contracts shall receive at least time and a half pay for work performed on the legal <br />holidays specified in subsection 7.1(bx6) to (G) of this section and for all overtime worked in excess of 40 hours in any <br />one week, except for individuals under personal services conUacts who are exGuded under ORS 653.010 to 653.261 or <br />under 29 U.S.C. 201 to 209 from receiving overtime. <br />7.7. (a) Subsections 7.1 and 7.2 of this section do not apply to conUacts for construction services other then in construction <br />of a public improvement. However, persons employed under such contracts shall receive at least time and a half pay for <br />work performed on the legal holidays specified in a collective bargaining agreement or in subsection 7.1(bXB) to (G) of <br />this section and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, <br />whichever is greater. <br />(b) An employer shall give notice in writing to employees who work on a contract for services, either at the time of hire or <br />before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the <br />number of hours per day and days per week that the employees may be required to work. <br />7.8. Any contractor or subcontractor or contractor's or subcontractor's surety that violates the provisions of this section is liable <br />to the affected employees in the amount of their unpaid overtime wages and in an additional amount equal to the unpaid <br />overtime wages as liquidated damages. If the violation results from willful falsification of payroll records, the contractor or <br />subcontractor or contractor's or subcontractor's surety is liable to the affected employees in the amount of their unpaid <br />overtime wages and an additional amount equal to twice the unpaid overtime wages as liquidated damages. <br />7.9. This section does not apply to financial institutions as defined in ORS 706.008. <br />8. ORS 279C.830. Contractual provisions regarding prevailing rates of wage and fee for administration of law. <br />8.1. The speafications for the contract contain a provision stating the existing prevailing rate of wage that may be paid to <br />workers in each trade or occupation required for the public works employed in the performance of the contract either by <br />the Contractor or subcontractor or other person doing or contracting to do the whole or any part of the work contemplated <br />Standard Contract Provisions-Page 3 <br />(Revised April 2005) <br />