(1) 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
40 hours in one workweek.
(2) An employer may permit, require or suffer an agricultural worker to work more than 40 hours in one workweek 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 40 hours.
(3)(a) For purposes of this section, a workweek may begin on any day of the week and at any hour of the day and need not coincide with a calendar week.
(b) An employer may change the beginning of an agricultural worker’s workweek if the change is intended to be permanent and is not designed to evade overtime requirements.
(4) A claim for a violation of this section may be made under ORS 653.055.