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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. Nor do long haul truck drivers, taxicab drivers or newspaper carriers. It is prohibited for an employer to … These typically are intellectual jobs requiring specialized education and involving the use of discretion and judgment. Oregon Exempt Employees: What you need to know. Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or l For example, most agricultural workers do not have to be paid overtime pay. 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. 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. 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. 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. Law Review Cita­tions. Executives, administrators, professionals, sales workers and computer employees may be classified as exempt. WHO IS AN EMPLOYER? Stat. Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. The rest period should be taken as nearly as possible in the middle of the work segment. 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). 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257, Oregon law requires employers to pay employees overtime (1. Many commission employees are exempt from Oregon overtime and minimum wage regulations. Oregon law differs from federal law. This time must be taken in addition to and separately from required meal periods. When do I need to give an employee a final paycheck? For exemption, an employee must pass three tests: For outside sales personnel there is only a duties test. No Oregon overtime laws limit the amount of overtime that an employee can be forced to work in most industries. 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 … The employee's job must fall into one of the categories that's eligible for an exemption. Oregon requires employers to provide both meal breaks and rest breaks. 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. Oregon Exempt Personnel federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals. However, if you are a manufacturing employee, OR overtime laws forbid more than 13 hours of work in any 24 hour period. However, that does NOT mean that you cannot be asked to work additional hours. That said, privacy laws prevent employers from sharing any specific medical information of another employee. Please contact individual agency programs for further information. Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257, Oregon law requires employers to pay employees overtime (1. Employment Law Seminars . Some employees are exempt only from the overtime rules under Oregon or federal law. 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. Oregon courts have ruled that vacation that has been “contracted for” (promised in writing, orally, or consistently provided) is considered to be wages. Sales people at automotive, farm equipment, boat and aircraft dealerships are exempt from overtime rules. In addition, exempt employees must be paid on a genuine salary basis as opposed to hourly or other methods of payment. 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. See FLSA: Overtime for more information regarding overtime requirements. Oregon Exempt Personnel: What you need to know. That said, administrative, executive or professional employees are entitled reasonable rest periods to express milk, unless to do so would cause an undue … Oregon observes the following as official holidays: For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. Federal law says that if an exempt employee works any portion of the day, they have to be paid for that day. 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. What is the prevailing wage in Oregon? 192.338 Exempt and nonexempt ... or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law. It is the employer’s burden to prove exempt status of employees. 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. Oregon Employment Law . By classifying them as exempt, employers would then be allowed not to pay those employees overtime pay. 652.140 ; State ex rel. Roberts v. Click to read more. Oregon exempts bona fide administrative executive employees from its minimum wage and overtime requirements. Hourly workers are protected by federal minimum hourly wage standards with overtime pay equal to “time and a half.” All rights reserved. In addition, exempt employees must be paid on a genuine salary basis as opposed to hourly or other methods of payment. 27 WLR 110 (1991); 32 WLR 217 (1996) §§ 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: 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. © 2021 BLR®, a division of Simplify Compliance LLC. Oregon law does not require private employers to provide employees with either paid or unpaid holiday leave. 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. Employees may also be able to recover double the amount of their unpaid overtime under … Payment on a salary basis is only one requirement for an employee to be exempt from federal and Oregon overtime laws. Holiday Leave. Your employer is at liberty to require as many hours as are needed, including Saturdays. Oregon laws allow the termination of an employment relationship by either the employer or the employee, without notice and without cause. 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. Back To Top . Violations of Oregon Overtime Laws Many employers violate OR overtime laws either intentionally or inadvertently. Exempt employees must receive a salary of at least $455 per week. Oregon Holidays federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals . For exemption, an employee must pass three tests: For outside sales personnel there is only a duties test. Oregon employer’s employee who is injured while working permanently outside Oregon is not subject worker. No Oregon employee rights require double time or holiday overtime pay. 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. Employees who work at least six hours are entitled to a 30-minute unpaid meal break. Some state agencies have different requirements of employers than other state agencies. 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. Employers must provide proof to change their employees status to exempt. An exempt computer employee must receive a salary of $455 per week or at least $27.63 per hour. These salary requirements do not apply to outside sales employees, teachers, and employees practicing law or medicine. OR Bureau of Labor FAQs: Overtime. Nelson v. SAIF, 212 Or App 627, 159 P3d 379 (2007), Sup Ct review denied. Independent contractors, who are not considered legal employees, are also exempt from overtime law. CAUTION: Misclassification of salaried employees as exempt creates liability for unpaid overtime. 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 What are the required meal and break periods? Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. 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)). Sec. 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. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. This is called "at will" employment. Registration for our 36th Annual Employment Law Conference (November 5th and 6th) is open now!!! All rights reserved. © 2021 BLR®, a division of Simplify Compliance LLC. Employers may not have to pay overtime to administrative, executive, professional, and outside sales personnel. Oregon Overtime Law Exemptions Oregon labor law classifies all employees as non-exempt, its default setting for employees, and entitles them to overtime pay. It brings sweeping changes for all companies with Oregon employees. Employers can call the Technical Assistance Hotline at 971-673-0824 or email bolita@boli.state.or.us. 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. Employment Law Handbook has free detailed information for all categories. Need info about Oregon's employment and labor laws? 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. Oregon Holidays: What you need to know. To hourly or other methods of payment WLR 110 ( 1991 ) ; 32 WLR 217 1996! Notice and without cause said, privacy laws prevent employers from sharing any specific information... Oregon laws allow the termination of an employment relationship by either the or... Says that if an exempt employee works any portion of the day, they to... 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