Oregon Overtime Laws
Oregon is one of those states with its own overtime laws, while also following the federal Fair Labor Standards Act (FLSA). Oregon generally defines overtime as all hours an employee works in excess of 40 hours in one week. Employers must pay employees overtime wages for this time in the amount of 1.5 times their regular hourly pay. Oregon overtime laws also make employers pay their employees overtime wages on a daily basis.
Oregon Overtime Law Summary
Important provisions of Oregon overtime law are covered by this below table.
State and Federal Statutes
Overtime Calculation Methods:
Exempt from Overtime in Oregon
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Working "Off The Clock" in Oregon
Employers may try to circumvent Oregon overtime laws by having employees freely volunteer to work extra time that is not written down or recorded on time records, referred to hours worked "off the clock." Examples of off-the-clock work include:
- Cleaning up a work place after the closing of business
- Cashiers setting up their registers
- Cashiers counting their registers at the end of the day
- Any set up work to prepare a work place for business
Employers try to justify this unpaid time as a "favor" or not being able to pay for clean up or set up, but if this work fits the definition of overtime, overtime wages must be paid to these employees. Employees can seek unpaid overtime wages claims or late pay wages claims under Oregon law if this has happened to them.
Exemptions from Overtime in Oregon
In Oregon, all employees are by default non-exempt and entitled to overtime wages. An employer must prove that an employee is "exempt" from overtime by meeting specific requirements. In particular, an employee is exempt from overtime wages if the employer can prove:
- The employee must be paid a salary; and
- The employee performs the duties of an exempt employee
Under Oregon state law, exempt employees include:
- Executives of companies
- Administrative employees
- 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
- Employees engaged in the operation of a hospital
- Members of the organized militia while on state active duty
Research the Law
Get Legal Help to Better Understand Oregon Overtime Laws
As can be seen by above, Oregon has a variety of variables and idiosyncracies in it's employment laws. If you feel you're entitled to any claims for overtime under Oregon law or want to understand Oregon overtime laws further, it's a good idea to get in touch with a local employment lawyer to discuss your situation and get some clarity.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.