When does Oregon domestic overtime start under ORS 653.547?

ORS 653.547(2)(a): 1.5× the worker's base rate for hours over 40 in a workweek, or over 44 if the domestic worker lives in the employer's home. Classic non-live-in three 10-hour days plus a rest-day 10 at $20 is $900 — same punches are only $800 on FLSA weekly-40.

Is this New York Labor Law § 170?

No. /new-york-domestic-overtime/ is Labor Law § 170 / § 161. This page is Oregon ORS 653.547. The 40 / live-in 44 + rest-day shape is parallel; the statute and BOLI materials are Oregon's.

Waiting-time penalty?

No. ORS 652.150 penalty wages are on /oregon-waiting-time-penalty/. This page is ORS 653.547 overtime only.

Oregon Domestic Worker Overtime Calculator — ORS 653.547 (40 / live-in 44)

Q: What about the weekly day of rest?

ORS 653.547(2)(b) / BOLI: at least 24 consecutive hours of rest each workweek. If the worker agrees to work on that day, those hours are paid at the overtime rate. Rest-day hours are OT first; leftover regular above 40 (or 44 live-in) is OT; the same hour is not paid twice.

Q: Is this California live-in domestic?

No. /california-live-in-domestic-overtime/ is Wage Order 15 after 9/day with 6th/7th-day bands. Oregon is weekly 40/44 plus rest-day overtime.

Oregon domestic worker overtime (40 / live-in 44 + rest day)

ORS 653.547(2)(a): 1.5× the worker’s base rate after 40 hours in a workweek, or after 44 hours if the domestic worker lives in the employer’s home — notwithstanding ORS 653.020. ORS 653.547(2)(b) / BOLI: at least 24 consecutive hours of rest each workweek; hours on that day, if worked, are overtime. Classic $20 × three 10h + rest-day 10h → $900 vs /overtime/ same punches $800 vs KS 46 $1,040 vs MD 48 $1,020 vs NY 44 $1,060 vs 778.310 $1,182.50 vs WA meal $1,150 vs NJ trucking $1,038.80 vs 7(q) $1,300 vs 7(p) $1,260 vs 778.203 $880 vs 7(g) $1,080 vs 778.202 $1,200.

How ORS 653.547 pays

Official sources (all HTTP 200 this build): oregon.public.law ORS 653.547, the Oregon Legislature ORS chapter 653 compilation, the BOLI Domestic Workers page, OAR 839-020, and 2015 Or Laws ch. 457.

Subsection (2)(a) sets the weekly thresholds. Subsection (2)(b) requires a 24-hour rest day; if the worker agrees to work that day, those hours are paid at the overtime rate. Rest-day hours are classified as overtime first; any leftover regular above 40 (or 44 live-in) is overtime; the same hour is not paid twice. Three paid personal leave days after averaging at least 30 hours/week in the prior year are labeled only. Travel and medical-emergency OT rules under (3) are out of scope.

This is not Labor Law § 170 (parallel 40/44 + rest-day shape, different statute), not CA WO 15 live-in (after 9/day), not ORS 652.150, not ORS 653.272, and not a 778.20x premium-credit sibling.

Three 10h + rest-day 10h @ $20 (non-live-in, 40h week) → 30×20 + 10×30 = $900.
Same punches on /overtime/ → $800 (no rest-day premium).
Live-in five 10h → $1,060 (after 44).
Non-live-in five 10h → $1,100 (after 40).
Four 8h + rest-day 8h (40h) → $880 (32 ST + 8 rest OT).

Sources

ORS 653.547 — oregon.public.law (HTTP 200)
ORS chapter 653 — Oregon Legislature (HTTP 200)
BOLI — Domestic Workers (HTTP 200)
OAR 839-020 — OT / base rate (HTTP 200)
2015 Or Laws ch. 457 (Domestic Workers’ Protection Act) (HTTP 200)

FAQ

Is this the same as New York § 170?

Same 40 / live-in 44 + rest-day overtime shape, different statute. Oregon cites ORS 653.547 and BOLI; New York cites Labor Law § 170 / § 161. Use this page for Oregon domestic work.

Is this California live-in domestic?

No. CA WO 15 uses after-9 daily and 6th/7th-day bands, not Oregon’s weekly 40/44 + rest-day rule.

Waiting-time or meal/rest premium?

No. This is weekly overtime and rest-day overtime under ORS 653.547, not ORS 652.150 penalty wages and not a CA/WA/MN missed-break hour.