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Agriculture Overtime Compensation Requirements Start January 1, 2023

Starting January 1, 2023, employers will be required to pay overtime to agricultural workers after they work 55 hours in one workweek. If employees perform nonagricultural work, then overtime must be paid after 40 hours of work in a workweek. There are some situations where an employer may be exempt from paying overtime and minimum wage. For more information and FAQs, visit the Oregon Bureau of Labor & Industries’ (BOLI) Minimum Wage and Overtime in Agriculture webpage. You may also contact BOLI at: ag.overtime@boli.oregon.gov.

BOLI has teamed with the Oregon Department of Revenue (DOR) to engage with external stakeholders and share program information. DOR is responsible for facilitating the application for an income tax credit for overtime paid to agricultural workers by qualifying employers.

Agriculture employers who qualify may apply for a tax credit for a percentage of the agriculture overtime paid throughout 2023. They will be able to submit an electronic application to DOR between January 1 and January 31, 2024. To learn more about the tax credit and FAQs, visit the DOR’s Employer Tax Credit for Agriculture Worker Overtime Pay webpage. For general questions about the credit, contact DOR at: ag.overtime@dor.oregon.gov.

Starting in January 2023, DOR implementation will focus on the tax credit application requirements, including developing rules, soliciting stakeholder input on the application process, and continuing informational outreach.

For updates on DOR implementation of House Bill 4002, subscribe to DOR’s agriculture overtime pay bulletins.

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