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