2022 Regular SessionOregon Legislature

HB4002: Relating to overtime for agricultural workers; and prescribing an effective date.

Legislative Summary

Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. Specifies exemptions to overtime compensation requirements. Requires Employment Department, in consultation with Bureau of Labor and Industries, Department of Revenue and State Department of Agriculture, to submit report to interim committees of Legislative Assembly related to agriculture on identified economic impacts of overtime compensation requirements under Act. Requires division of Oregon Department of Administrative Services that serves as office of economic analysis to include in economic forecast for biennium any available relevant economic and wage data related to agricultural economy as impacted by overtime compensation requirements. Requires State Department of Agriculture and Oregon Business Development Department to make recommendations for legislation to regular or interim committee of Legislative Assembly related to agriculture on available options for establishing grant, loan or other lending program to provide financial assistance to employers to mitigate costs associated with compliance with overtime compensation requirements. Creates refundable income or corporate excise tax credit allowed to employer for excess amount of wages paid as overtime pay to agricultural workers. Provides for administration of credit by Department of Revenue. Directs department to issue notice to taxpayers that meet application requirements and indicate maximum amount of credit allowed. Provides for Legislative Assembly to use reports submitted by agencies to adjust tax credit provisions and revise rates if deemed appropriate. Applies to tax years beginning on or after January 1, 2023 , and before January 1, 2029]. Takes effect on 91st day following adjournment sine die.

Demographic Impact

Overall analysis of equity impact

70% Positive
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Bill History

2/1/2022
First reading. Referred to Speaker's desk.
House of Representatives
2/1/2022
Referred to Business and Labor with subsequent referral to Revenue.
House of Representatives
2/8/2022
Public Hearing held.
House of Representatives
2/14/2022
Work Session held.
House of Representatives
2/15/2022
Recommendation: Do pass with amendments, be printed A-Engrossed, and be referred to Revenue by prior reference.
House of Representatives
2/15/2022
Referred to Revenue by prior reference.
House of Representatives
2/22/2022
Work Session held.
House of Representatives
2/23/2022
Without recommendation as to passage and be referred to Farm Worker Overtime.
House of Representatives
2/23/2022
Referred to Farm Worker Overtime by order of Speaker.
House of Representatives
2/24/2022
Public Hearing held.
House of Representatives
2/24/2022
Work Session held.
House of Representatives
2/25/2022
Recommendation: Do pass with amendments and be printed B-Engrossed.
House of Representatives
2/25/2022
Second reading.
House of Representatives
2/28/2022
Rules suspended. Carried over to March 1, 2022 Calendar.
House of Representatives
3/1/2022
Third reading. Carried by Holvey, Salinas.
House of Representatives
3/1/2022
Motion to rerefer to Farm Worker Overtime failed. Ayes, 28; Nays, 31--Alonso Leon, Bynum, Dexter, Fahey, Grayber, Helm, Holvey, Hoy, Hudson, Kropf, Lively, Marsh, McLain, Meek, Nathanson, Nelson, Nosse, Pham, Power, Prusak, Reardon, Reynolds, Ruiz, Salinas, Sanchez, Schouten, Smith Warner, Sosa, Speaker Rayfield, Valderrama, Witt; Excused, 1--Campos.
House of Representatives
3/1/2022
Passed. Ayes, 37; Nays, 23--Bonham, Boshart Davis, Breese-Iverson, Cate, George, Goodwin, Hayden, Hieb, Levy, Lewis, Moore-Green, Morgan, Noble, Owens, Reschke, Scharf, Smith DB, Smith G, Stark, Wallan, Weber, Wright, Zika.
House of Representatives
3/1/2022
Vote explanation(s) filed by Evans, McLain, Scharf.
House of Representatives
3/1/2022
First reading. Referred to President's desk.
Senate
3/1/2022
Referred to Farm Worker Overtime.
Senate
3/2/2022
Recommendation: Do pass the B-Eng. bill.
Senate
3/2/2022
Second reading.
Senate
3/3/2022
Made a Special Order of Business. Ayes, 18; Nays, 9--Anderson, Findley, Girod, Hansell, Kennemer, Knopp, Linthicum, Thatcher, Thomsen; Absent, 1--Heard; Excused, 2--Boquist, Robinson.
Senate
3/3/2022
Motion to refer to Committee on Rules failed. Ayes, 9; Nays, 18--Armitage, Beyer, Dembrow, Frederick, Gelser Blouin, Golden, Gorsek, Jama, Lawrence Spence, Lieber, Manning Jr, Patterson, President Courtney, Prozanski, Sollman, Steiner Hayward, Taylor, Wagner; Absent, 1--Heard; Excused, 2--Boquist, Robinson.
Senate
3/3/2022
Motion to refer to Committee on Finance and Revenue failed. Ayes, 9; Nays, 18--Armitage, Beyer, Dembrow, Frederick, Gelser Blouin, Golden, Gorsek, Jama, Lawrence Spence, Lieber, Manning Jr, Patterson, President Courtney, Prozanski, Sollman, Steiner Hayward, Taylor, Wagner; Absent, 1--Heard; Excused, 2--Boquist, Robinson.
Senate
3/3/2022
Third reading. Carried by Taylor, Courtney. Passed. Ayes, 17; Nays, 10--Anderson, Beyer, Findley, Girod, Hansell, Kennemer, Knopp, Linthicum, Thatcher, Thomsen; Absent, 1--Heard; Excused, 2--Boquist, Robinson.
Senate
3/3/2022
Vote explanation(s) filed by Armitage, Findley, Sollman.
Senate
3/4/2022
Speaker signed.
House of Representatives
3/8/2022
President signed.
Senate
4/15/2022
Governor signed.
House of Representatives
4/19/2022
Chapter 115, (2022 Laws): Effective date June 3, 2022.
House of Representatives

Roll Call Votes

Senate Motion to Refer
3/3/2022
9
Yea
18
Nay
0
Not Voting
3
Absent
Result: FAILED
Senate Special Order
3/3/2022
18
Yea
9
Nay
0
Not Voting
3
Absent
Result: PASSED
Senate Motion to Refer
3/3/2022
9
Yea
18
Nay
0
Not Voting
3
Absent
Result: FAILED
Senate Third Reading
3/3/2022
17
Yea
10
Nay
0
Not Voting
3
Absent
Result: PASSED
House Third Reading
3/1/2022
37
Yea
23
Nay
0
Not Voting
0
Absent
Result: PASSED
House Motion to Rerefer
3/1/2022
27
Yea
32
Nay
0
Not Voting
1
Absent
Result: FAILED
House Committee Do pass with amendments. (Printed B-Eng.)
2/24/2022
6
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
House Committee Without recommendation as to passage and be referred to Farm Worker Overtime
2/22/2022
7
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House Committee Do pass the bill and be referred to Revenue by prior reference
2/14/2022
7
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(4/19/2022)
Chamber
House of Representatives
Sine Die

Documents

Introduced
Bill Text1/1/197045.4 KB
Introduced
Bill Text1/1/197035.4 KB
Engrossed
Bill Text1/1/197048.5 KB
Engrossed
Bill Text1/1/197032.4 KB
Engrossed
Bill Text1/1/197055.0 KB
Enrolled
Bill Text1/1/197051.8 KB