Creating an agriculture overtime law is a top priority of democrats in the current 2022 legislative short session that began on February 1, 2022. The introduced bill, House Bill 4002, would impose a 40-hour overtime pay mandate for agricultural workers. The bill is sponsored by Representatives Andrea Salinas and Paul Holvey. You can track HB 4002 on the Oregon State Legislature’s website linked here. As introduced, the bill has a four-year phase-in period beginning at 55 hours per week in 2023 and decreasing to 40 hours per week in 2027. The bill creates a tax credit for employers that phases out in 2029.
Other states, including Colorado, have recently instated agricultural overtime laws. Unlike Colorado’s new Overtime and Minimum Pay Standards Order, the current draft of the Oregon bill does not include exemptions for highly seasonal agricultural employers or for small agricultural employers.