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Oregon · public works / prevailing wage · ORS 279C.540 · OAR 839-025-0050

Eight on a weekday. All hours on Saturday, Sunday, and the listed holidays.

ORS 279C.540 and OAR 839-025-0050 for labor on Oregon public works / prevailing-wage contracts: 1.5× after 8 hours in a weekday (or after 10 if that day’s shift is a followed 4 consecutive 10-hour days, Monday–Thursday or Tuesday–Friday, under OAR 839-025-0034). Saturday, Sunday, and listed legal holidays: ALL hours at 1.5×, not only hours over 8. Weekly 40 converts leftover regular only. A 10-hour weekday is 8 regular + 2 overtime here; on OR manufacturing it is 10 regular. Four Saturday hours are all overtime here; under FLSA weekly-40 they are regular. Oregon has no general private-sector daily-8.

Read the statute: daily 8 (or 10 on a followed 4×10), then all Saturday / Sunday / holiday hours

Official bodies fetched for this page: ORS chapter 279C (279C.540), ORS 279C.540 (oregon.public.law), OAR 839-025-0050 Overtime Wages Computations, OAR 839-025-0034 Establishing a Work Schedule, BOLI Prevailing Wage, and BOLI Work schedules and overtime on prevailing wage projects (all HTTP 200).

ORS 279C.540(1): a person may not be required or permitted to labor more than 10 hours in any one day, or 40 hours in any one week, except in cases of necessity or emergency … in which event, the person so employed for excessive hours shall receive at least time and a half pay:

(A) For all overtime in excess of eight hours in any one day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or

(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 consecutive days, Monday through Friday; and

(b) For all work performed on Saturday and on the following legal holidays: each Sunday; New Year’s Day on January 1; Memorial Day on the last Monday in May; Independence Day on July 4; Labor Day on the first Monday in September; Thanksgiving Day on the fourth Thursday in November; Christmas Day on December 25.

OAR 839-025-0050(1): each work day stands alone (default 24 consecutive hours midnight to 11:59 p.m.). OAR 839-025-0050(2)(a): 1.5× the hourly rate of pay, excluding fringe benefits, for all hours worked on Saturdays; on those legal holidays (Sunday is listed as a holiday in the rule); over 40 hours in a week; and either over 8 in a day, or over 10 in a day if the employer established four consecutive days Monday–Thursday or Tuesday–Friday under OAR 839-025-0034 and operates in accordance with that schedule. BOLI: if an established four-ten is not followed that week, overtime is after eight every weekday. If a listed holiday other than Sunday falls on Sunday, the succeeding Monday is recognized; if it falls on Saturday, the preceding Friday is recognized (ORS 279C.540(3)) — check the legal-holiday box on that observed weekday.

OAR 839-025-0050(2)(c) example: $15 base + $3 fringe, 10-hour day on a five-day schedule → ($15 × 8) + ($22.50 × 2) + ($3 × 10) = $195. The typed rate on this page is the hourly base excluding fringe. Fringe, zone, and shift differentials, weighted-average multi-classification OT, travel/shop time off-site, CBAs, personal-services contracts, county-fair 10/40, contracts for services 10/40 (ORS 279C.540(8)), and ORS 352.002 public-university weekly-40 only are out of scope.

Weekday 10h 07:00–17:00 @ $20 → 8 regular + 2 OT = $220. OR manufacturing: 10 regular = $200. FLSA (under 40): 10 regular = $200.
Saturday 4h @ $20 → 4 OT = $120. FLSA / OR mfg: 4 regular = $80.
Sunday 8h @ $20 → 8 OT = $240. Same punches on Monday: 8 regular = $160.
Legal holiday Monday 8h @ $20 → 8 OT = $240.
Four 10-hour days Mon–Thu with 4×10 on @ $20 → 40 regular = $800. Same punches without 4×10: 32 regular + 8 OT = $880.
Five 10-hour weekdays with 4×10 on → BOLI four-ten not followed: 40 regular + 10 OT = $1,100.
Five 8-hour weekdays + Saturday 8h @ $20 → 40 regular + 8 Sat OT = $1,040.
Overnight weekday 20:00–08:00 lunch 30 @ $20 → 11.5h worked → 8 regular + 3.5 OT = $265.

In scope

  • ORS 279C.540(1) / OAR 839-025-0050 public works labor: weekday 1.5× after 8 (after 10 on a followed 4×10)
  • Saturday, Sunday, and listed legal holidays: ALL hours at 1.5×
  • Weekly 40 leftover regular only (no pyramiding)
  • 4×10 toggle (Mon–Thu or Tue–Fri); a 5th weekday reverts that week to after 8
  • Punch-in/out + unpaid lunch; Day 1 is Monday

Out of scope

  • Oregon manufacturing / canneries daily-10 (ORS 652.020 / 653.265) — that is /oregon-manufacturing-overtime/
  • General Oregon weekly-40 private-sector jobs (ORS 653.261) — there is no general daily-8
  • Oregon predictive scheduling (ORS 653.412–653.490) — that is /oregon-predictive-scheduling/
  • CBA overtime; personal-services contracts; county-fair 10/40; contracts for services 10/40 (ORS 279C.540(8)); ORS 352.002 public-university weekly-40 only
  • Fringe at 1× on all hours, zone/shift differentials, weighted-average multi-classification OT, off-site travel/shop

FAQ

When is overtime due on an Oregon public works project under ORS 279C.540?

ORS 279C.540(1) and OAR 839-025-0050: at least 1.5× the hourly base (excluding fringe) for hours over 8 in a weekday on a five-day Monday–Friday week, or over 10 in a day on a followed four consecutive 10-hour days Monday–Thursday or Tuesday–Friday; for all hours over 40 in a week; and for ALL hours worked on Saturday, Sunday, and the listed legal holidays (New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas).

Is Saturday overtime only the hours over eight?

No. ORS 279C.540(1)(b) and OAR 839-025-0050(2)(a)(A)–(B) pay time and one-half for all work performed on Saturday and on Sunday and the listed legal holidays — not only hours over eight. Four Saturday hours at $20 are $120 here. On /oregon-manufacturing-overtime/ or FLSA weekly-40 they are $80 regular.

Is this the same as Oregon manufacturing overtime after 10?

No. /oregon-manufacturing-overtime/ is ORS 652.020 / 653.265 private mills, factories, and off-farm canneries: 1.5× after 10 in a day or 40 in a week, pay the greater, with no Saturday/Sunday/holiday all-hours line. A 10-hour weekday here is 8 regular + 2 overtime; on that page it is 10 regular. Oregon has no general private-sector daily-8 statute (ORS 653.261 is weekly 40).

When does the 4×10 schedule move daily overtime from after 8 to after 10?

ORS 279C.540(1)(a)(B) and OAR 839-025-0050(2)(a)(E): only when the employer established a work schedule of four consecutive days Monday through Thursday or Tuesday through Friday under OAR 839-025-0034 and operates in accordance with it that week. BOLI: if the established four-ten is not followed (a fifth weekday, or days that are not that consecutive block), overtime is after eight every weekday that week. Saturday, Sunday, and holidays stay all hours at 1.5× regardless.