Oregon law requires employers to pay employees overtime (1 1 / 2 times their regular rate of pay) if they work over 40 hours in a week. Registration for our 36th Annual Employment Law Conference (November 5th and 6th) is open now!!! That said, privacy laws prevent employers from sharing any specific medical information of another employee. Oregon requires employers to provide both meal breaks and rest breaks. Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or l No Oregon employee rights require double time or holiday overtime pay. Employers can call the Technical Assistance Hotline at 971-673-0824 or email firstname.lastname@example.org. Oregon Exempt Employees: What you need to know. Oregon law differs from federal law. Employees paid on a salary basis who do not perform specific "exempt duties" are often eligible to receive up to two years of back overtime pay (up to three years of overtime for willful violations). Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. 652.140 ; State ex rel. Many commission employees are exempt from Oregon overtime and minimum wage regulations. Holiday Leave. Your employer is at liberty to require as many hours as are needed, including Saturdays. It is the employer’s burden to prove exempt status of employees. If such time is not compensated, the employee may file a complaint with the Department of Labor and Industries that may result in financial penalties, attorney's fees, and court costs ( OR Rev. The rest period should be taken as nearly as possible in the middle of the work segment. 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257, Oregon law requires employers to pay employees overtime (1. This time must be taken in addition to and separately from required meal periods. Employees who work at least six hours are entitled to a 30-minute unpaid meal break. Oregon law does not require private employers to provide employees with either paid or unpaid holiday leave. Back To Top . The rest and meal period requirements of the Oregon administrative rule arise out of Oregon’s minimum wage law (ORS 653.010 to 653.261), and employees who are exempt from the minimum wage law are also exempt from rest and meal period requirements. The general rule is that Oregon is an “at-will” employment state, meaning that absent some form of employment contract (explicit or implied based on the employer’s statements) providing to the contrary, employment may be terminated at any time by either the employer or employee for any reason, or for no reason at all, so long as it is not an illegal reason. Oregon does not have any laws prohibiting an employer from requiring an applicant or employee to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment. For exemption, an employee must pass three tests: For outside sales personnel there is only a duties test. Violations of Oregon Overtime Laws Many employers violate OR overtime laws either intentionally or inadvertently. Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. Oregon Employment Law . Public Law 101-322 and ORS 316.162 (Definitions for ORS 316.162 to 316.221)(2)(b) exempt from state withholding railroad, motor, and air carrier employees unless they are Oregon residents. Need info about Oregon's employment and labor laws? Employees may also be able to recover double the amount of their unpaid overtime under … Oregon courts have ruled that vacation that has been “contracted for” (promised in writing, orally, or consistently provided) is considered to be wages. However, if you are a manufacturing employee, OR overtime laws forbid more than 13 hours of work in any 24 hour period. Nelson v. SAIF, 212 Or App 627, 159 P3d 379 (2007), Sup Ct review denied. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. Nor do long haul truck drivers, taxicab drivers or newspaper carriers. To be classified as exempt, an employee must meet these three requirements: The employee must be paid a regular salary of at least $455 per week. Oregon labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. This is called "at will" employment. To qualify for the administrative employee exemption, an employee must: customarily and regularly work away from the employer’s place of business; be employed for the purpose of: It is prohibited for an employer to … What are the required meal and break periods? Oregon observes the following as official holidays: For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. While labor laws for salaried employees are designed to afford the same sorts of protections and benefits to all American workers, the implementation of these protections differs depending on whether someone is paid on an hourly or salary basis. Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. Federal law says that if an exempt employee works any portion of the day, they have to be paid for that day. Oregon Exempt Personnel federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals. Stat. These typically are intellectual jobs requiring specialized education and involving the use of discretion and judgment. Click to read more. Oregon employer’s employee who is injured while working permanently outside Oregon is not subject worker. Employers must provide proof to change their employees status to exempt. Employment Law Handbook has free detailed information for all categories. OR Bureau of Labor FAQs: Overtime. It brings sweeping changes for all companies with Oregon employees. For more information, contact the Department of Revenue at 503- 945-8091, the Employment Department at 503-947-1488, or the Department of Consumer and Business Services at … Under Oregon state law, exempt employees include: Executives of companies; Administrative employees; Supervisors; Employees engaged in forest fire fighting; Employees of any irrigation system district; Employees of fire protection or law enforcement activities, including security personnel in corrections institutions Exempt employees must receive a salary of at least $455 per week. Oregon laws allow the termination of an employment relationship by either the employer or the employee, without notice and without cause. All rights reserved. Sales people at automotive, farm equipment, boat and aircraft dealerships are exempt from overtime rules. Independent contractors, who are not considered legal employees, are also exempt from overtime law. 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257, Oregon law requires employers to pay employees overtime (1. Law Review Citations. 192.338 Exempt and nonexempt ... or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law. That said, administrative, executive or professional employees are entitled reasonable rest periods to express milk, unless to do so would cause an undue … WHO IS AN EMPLOYER? OAR 150-316-0173 (Gross Income of Nonresidents; Federal Laws Affecting Nonresident Employees of Motor, Rail, Air and Water Carriers) contains definitions and examples of common carrier employees. For exemption, an employee must pass three tests: For outside sales personnel there is only a duties test. What is the prevailing wage in Oregon? Oregon law requires employers to pay employees overtime (1 1 / 2 times their regular rate of pay) if they work over 40 hours in a week. An employer in Oregon may be required to provide an employee unpaid sick leave in accordance with Oregon’s Family Leave Act and the Family and Medical Leave Act or other federal laws. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. Oregon Overtime Law Exemptions Oregon labor law classifies all employees as non-exempt, its default setting for employees, and entitles them to overtime pay. Oregon Holidays federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals . Oregon exempts bona fide administrative executive employees from its minimum wage and overtime requirements. Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. One of the most highly anticipated new Oregon laws for employers was signed into law on June 11, 2019, and will go into effect in the fall of 2019, with some provisions applying beginning October 2020. For example, most agricultural workers do not have to be paid overtime pay. Employment Law Seminars . Executives, administrators, professionals, sales workers and computer employees may be classified as exempt. © 2021 BLR®, a division of Simplify Compliance LLC. See FLSA: Overtime for more information regarding overtime requirements. Oregon Exempt Personnel: What you need to know. Oregon Holidays: What you need to know. According to federal laws and OR employee rights, all non-exempt employees must be paid one and a half times their average hourly pay for all hours worked in excess of 40 per week. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws. In addition, exempt employees must be paid on a genuine salary basis as opposed to hourly or other methods of payment. Exempt computer employees may be paid at least $684* on a salary basis or on an hourly basis at a rate not less than $27.63 an hour. Roberts v. It means that generally, unless there is a contract or law that states otherwise, Oregon employers may discharge an employee at any time and for any reason, or for no reason at all. © 2021 BLR®, a division of Simplify Compliance LLC. Oregon employers have a duty to provide a place of employment, free from recognized hazards that cause or are likely to cause the death or serious physical harm to employees. In addition, exempt employees must be paid on a genuine salary basis as opposed to hourly or other methods of payment. Sec. However, that does NOT mean that you cannot be asked to work additional hours. 27 WLR 110 (1991); 32 WLR 217 (1996) §§ By classifying them as exempt, employers would then be allowed not to pay those employees overtime pay. Oregon law requires an employer-paid rest period of not less than 10 minutes for every segment of four hours or major part thereof (two hours and one minute through four hours) worked in one work period. All rights reserved. Exempt employees may include outside salespeople (ORS 653.020 (6)) and retail or service employees paid on a commission basis (OAR 839-020-0125 (2) (d)). CAUTION: Misclassification of salaried employees as exempt creates liability for unpaid overtime. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” No Oregon overtime laws limit the amount of overtime that an employee can be forced to work in most industries. Payment on a salary basis is only one requirement for an employee to be exempt from federal and Oregon overtime laws. Please contact individual agency programs for further information. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. Some state agencies have different requirements of employers than other state agencies. The employee's job must fall into one of the categories that's eligible for an exemption. When do I need to give an employee a final paycheck? Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. Some employees are exempt only from the overtime rules under Oregon or federal law.
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