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Oregon · Agricultural overtime · ORS 653.272

After forty-eight on the farm. Weekly only.

ORS 653.272 for agricultural workers in calendar years 2025 and 2026: 1.5× after 48 hours in a workweek. No daily overtime, no Colorado peak-week 56, and no 15-hour minimum-wage lump-sum. Five 10-hour days @ $20 are $1,020 here (48 regular + 2 OT) vs $1,100 on FLSA weekly-40 and $1,000 on NY farm (50 regular). A 16-hour day here is all regular; Colorado ag adds one hour at Colorado MW. Threshold drops to 40 on 1 January 2027. Not OR manufacturing or OR public works.

Read the statute: ORS 653.272 weekly 48 (2025–2026)

Official bodies fetched for this page: Oregon Legislature ORS chapter 653, oregon.public.law § 653.272, § 653.271 definitions, § 653.273 exclusions, BOLI Minimum Wage and Overtime in Agriculture, BOLI Overtime, Oregon Laws 2022 ch. 115 (HB 4002), and DOR Agricultural Employer Overtime Tax Credit (credit math out of scope) — all HTTP 200. BOLI Know-Your-Rights agricultural flyer also saved.

ORS 653.272(1)–(2). Except as provided in subsection (2) of this section, an employer may not permit, require or suffer an agricultural worker to work a total number of hours in excess of: (a) For calendar years 2023 and 2024, 55 hours in one workweek. (b) For calendar years 2025 and 2026, 48 hours in one workweek. (c) For calendar year 2027 and each year thereafter, 40 hours in one workweek. (2) An employer may permit, require or suffer an agricultural worker to work more than the maximum allowable hours in one workweek provided under subsection (1) of this section if the employer compensates the agricultural worker at one and one-half times the worker’s regular rate of pay for each overtime hour or portion of an hour that the worker works in excess of the maximum allowable hours.

BOLI Minimum Wage and Overtime in Agriculture: As of January 1, 2025, employers are required to pay overtime to agricultural workers after they work 48 hours in one workweek. Starting January 1, 2027, employers will be required to pay overtime to agricultural workers after they work 40 hours in one workweek.

ORS 653.271 defines agricultural worker and agriculture (farming, dairying, horticultural commodities, livestock/bees/poultry, incidental prep and delivery to market). ORS 653.273 points to ORS 653.020(1) and salaried administrative/executive/professional carve-outs — out of scope here. The DOR agricultural employer overtime tax credit (ORS 315.133) offsets employer cost; it does not change the worker’s overtime math on this page. Piece-rate workers who are not exempt still earn overtime after 48 (BOLI FAQ). Not Oregon manufacturing daily-10, not public-works weekend all-hours, not Colorado COMPS ag, not New York farm 52.

Five 10h days @ $20 → 48 regular + 2 OT = $1,020. FLSA weekly-40: 40+10 = $1,100. NY farm: 50 regular = $1,000. CO ag off-peak: same $1,020 (but CO adds MW lump on long days).
Six 10h days @ $20 → 48 regular + 12 OT = $1,320. NY farm: 52+8 = $1,280. CO peak week: 56+4 = $1,240.
Single 16h day @ $20 → 16 regular = $320. CO ag: 16 regular + $15.16 lump. FLSA if only day: $320.
Six 8h days @ $20 → 48 regular = $960 (no OT). FLSA: 40+8 = $1,040.
Overnight 18:00–10:00 @ $20 → 16 regular = $320 (no daily OT).
55h week (e.g. 5×11) @ $20 → 48 regular + 7 OT = $1,170.

In scope

  • ORS 653.272: 1.5× after 48 hours in a workweek (2025–2026)
  • Agricultural workers under ORS 653.271 (farming, dairy, livestock, incidental market delivery)
  • Weekly leftover conversion only — no daily OT, no rest-day line
  • Phase-in labeled: 55 → 48 → 40 (2027+); current math is 48
  • Punch-in/out + unpaid lunch; Day 1 is the workweek start

Out of scope

  • Colorado COMPS Rule 2.3.2 peak-56 / 15-hour MW lump — use /colorado-agricultural-overtime/
  • NY farm weekly-52 + rest-day — use /new-york-farm-overtime/
  • ORS 653.265 / 652.020 manufacturing daily-10; ORS 279C.540 public works
  • ORS 653.273 / 653.020 carve-outs (family, certain piece-rate harvest, range livestock, salary EAP)
  • DOR agricultural employer overtime tax credit percentage tables

FAQ

When does Oregon agricultural overtime start under ORS 653.272?

ORS 653.272(1)(b) and (2): for calendar years 2025 and 2026, an employer may not permit an agricultural worker to work more than 48 hours in one workweek unless the worker is paid one and one-half times the regular rate for each overtime hour. BOLI Minimum Wage and Overtime in Agriculture restates the same 48-hour threshold effective 1 January 2025. The threshold drops to 40 hours on 1 January 2027.

Is this the same as Colorado agricultural overtime?

No. /colorado-agricultural-overtime/ is COMPS Order #40 Rule 2.3.2: weekly 48 (or 56 in a highly seasonal peak week) plus a lump-sum of one hour at the Colorado minimum wage when a workday or consecutive stretch exceeds 15 hours. Oregon ORS 653.272 is weekly-48 only for 2025–2026 — no peak-56 toggle and no 15-hour MW lump. A 16-hour harvest day here is all regular; on the Colorado page it adds $15.16.

Is this New York farm overtime after 52?

No. /new-york-farm-overtime/ is DOL 2026 after 52 hours plus rest-day 1.5× under Labor Law § 161. This page is Oregon ORS 653.272 weekly 48 with no designated rest-day premium. Five 10-hour days are 48 regular + 2 OT here and 50 regular on the New York farm page.

Does Oregon agriculture have daily overtime after 8 or 10?

No under ORS 653.272. Overtime is weekly only. Oregon manufacturing / canneries daily-10 is /oregon-manufacturing-overtime/. Public-works weekday after-8 plus weekend all-hours is /oregon-public-works-overtime/. General private-sector Oregon jobs outside these carve-outs follow weekly 40 under ORS 653.261 / FLSA.

Who is covered as an agricultural worker?

ORS 653.271: an individual who performs services in agriculture for an employer for agreed pay. Agriculture includes farming in all its branches, dairying, production and harvesting of agricultural or horticultural commodities, raising livestock/bees/fur-bearing animals/poultry, and incidental farm practices including preparation for market and delivery to storage or market. ORS 653.273 / 653.020 carve-outs (immediate family, certain piece-rate hand harvest, range livestock, salaried administrative/executive/professional) are out of scope on this page.