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Oregon Overtime Laws

Oregon Overtime Laws

Introduction


It is important for workers and employers in Oregon to be aware of the state’s overtime laws. These laws dictate how much an employee should be paid if they work beyond their regular working hours. In this article, we will explore the Oregon overtime laws and how they affect workers and employers alike.

Background


The Oregon overtime laws are designed to protect workers from being overworked without adequate compensation. The laws stipulate that employees are entitled to overtime pay if they work more than 40 hours in a typical workweek. Overtime pay is typically calculated at one and a half times the employee’s regular pay rate.

Exemptions


Not all employees are entitled to overtime pay. There are certain exceptions to the Oregon overtime laws. For example, executive, administrative, and professional employees may be exempt from receiving overtime pay. These exceptions are determined by the Oregon Bureau of Labor and Industries (BOLI).

Importantly, employers cannot simply label employees as exempt to avoid paying overtime. Employees must meet specific job duties and salary requirements to be considered exempt. This is why it is crucial for both employers and employees to understand their roles and responsibilities in relation to Oregon’s overtime laws.

Updated Information


It is important to keep up-to-date with Oregon overtime laws, as they are subject to change. In 2020, the Oregon Legislature passed Senate Bill 169, which amended the state’s overtime laws. This bill expands overtime eligibility and will go into effect in phases over the next several years.

Under the new law, workers who earn less than 1.5 times the minimum wage (currently $12 per hour) will be eligible for overtime pay if they work more than 40 hours per week. The overtime pay rate will be calculated at one and a half times the employee’s regular wage, as is standard.

The new law will be implemented over the course of several years, beginning on July 1, 2022. On that date, workers in companies with 50 or more employees will be eligible for overtime pay if they meet the minimum wage criteria outlined above. Smaller companies will follow suit in 2023, 2024, and 2025.

The goal of this new law is to provide more workers with fair compensation for their work while ensuring that businesses can continue to operate effectively. It is important for both employers and employees to stay informed about these changes and what they mean for their work.

Enforcement


The Oregon overtime laws are enforced by the BOLI. Employees who believe that their employer has violated these laws can file a complaint with the BOLI. The BOLI investigates all complaints and may require the employer to pay back wages to the employee if they are found to be at fault.

Employers can also face fines and penalties for violating Oregon’s overtime laws. For example, an employer who willfully violates the law may be subject to a fine of up to $1,000 per offense. Additionally, employers who fail to pay overtime wages may be required to pay an additional penalty of up to 30% of the unpaid wages.

Conclusion


Oregon’s overtime laws are designed to protect workers and ensure that they are fairly compensated for their work. It is important for employers and employees to understand these laws and how they apply to their specific roles and responsibilities. With the recent changes to the law, it is especially important to stay informed and up-to-date. If an employee believes that they have not received fair compensation for their work, they should consider filing a complaint with BOLI to seek resolution.


Guide to Oregon Overtime Laws

If you are a worker in Oregon, it’s important to know about OR overtime laws.  Most, but not all, workers are covered by Oregon overtime laws, and there are several circumstances under which you may be owed overtime.  This guide will give you a basic overview of OR overtime laws so you can  understand whether your employer has been violating the law.  If you need to get legal advice about your particular situation, or need more in depth information about Oregon overtime laws, you may want to talk to an employment attorney in your area.

Current Overtime Rates

Overtime must be paid at a rate of the employee’s average hourly wage plus an additional fifty percent.  This “time and a half” rule applies whether it is an employee’s first hour of overtime or their fortieth.  Double time is not required by any OR overtime laws, although some union contracts or employee agreements may specify doubled wages for hours worked in excess of some number per week, or during holidays.

For minimum wage employees, the current minimum overtime rate according to Oregon overtime laws is $13.20 per hour, one and a half times the minimum wage of $8.80.  Workers may be required to work any amount of overtime according to OR overtime laws, except for nurses, who may only be required to work a 40 hour week.

Who Is Eligible for Overtime?

While most workers are covered by Oregon overtime laws, some types of employees are considered exempt.  Most “white collar” workers in administrative, professional, or executive careers are exempted from OR overtime laws.  Additionally, fishermen, commissioned outside salespeople, and those who earn more than $27.63 per hour and work in the computer industry are not covered by Oregon overtime laws.

When Must Overtime Be Paid?

Overtime must be paid according to OR overtime laws any time you work more than 40 hours in a single seven-day workweek.  In manufacturing facilities (such as factories), canneries, and hospitals, hours worked in excess of 10 per day must also be compensated at the overtime rate.  In all other industries, overtime is only required for hours in excess of 40 per week—even a shift that lasted an entire day would potentially not be eligible for overtime.

No Oregon overtime laws limit the amount of overtime that an employee can be forced to work in most industries.  However, if you are a manufacturing employee, OR overtime laws forbid more than 13 hours of work in any 24 hour period.

Violations of Oregon Overtime Laws

Many employers violate OR overtime laws either intentionally or inadvertently.  One of the most common violations of Oregon overtime laws is when employers try to give employees “comp time” rather than paying overtime.  This is not a legal practice.  Neither is averaging an employee’s hours over a two-week pay period in order to avoid overtime payment.  OR overtime laws allow employees to file a complaint about unpaid overtime without fear of retaliation from their employer.