For example: If … But in January, Oregon’s Bureau of Labor and Industries (BOLI) issued new guidance stating that if an employee worked both daily and weekly overtime, the employer had to pay the employee both types of overtime. Additionally, workers working more than 12 hours in a workday must be paid double time. Those employers can permit employees to work more than 55 hours during the period of time when the perishable product “must be processed after harvesting, slaughter or catch.”  During that “undue hardship period,” eligible employers can permit their employees to work up to a maximum of 84 hours per week for four weeks, and up to 80 hours per week for the remaining hardship period. Now, an employee who works both daily and weekly overtime in a single week receives the greater of the daily or weekly overtime, but not both. In addition, the following employees are exempt from the overtime provisions of Oregon law (, • Highly skilled computer employees making $27.63 per hour, • Motor carrier employees, such as truck drivers and their helpers, who operate in interstate commerce, • Employees of certain common carriers governed by Part I of the, • Certain employees under collectively bargained guaranteed annual wage plans, Should I Reclassify? All rights reserved. The new overtime calculations went into effect immediately upon passage and the remaining changes will take effect on January 1, 2018. If you didn’t receive the overtime … This amendment clarifies the previously vague statutory language that did not specify how employers should compensate an employee who works both daily and weekly overtime. For nearly a century, Oregon manufacturing employers had interpreted the overtime statutes as requiring them to pay employees the greater of daily or weekly overtime. If you work more than 40 hours in one week, you must receive overtime pay of 1.5 times your regula r pay rate. Affected employers can claim up to 21 weeks per year of undue hardship for purposes of the statute. Employers must obtain the written consent of any employee who will work more than 55 hours in a week during the hardship period, and the employer must also provide BOLI with a written notice stating, among other things, when the undue hardship period will start and when it is expected to end. Nothing in the law allows private employers to give employees comp time, that is, paid time off, instead of paying for overtime. For example, if your regular rate of pay is $9 per hour, your overtime pay is $13.50 per hour for each hour more than 40 you work in one week. This meant that a much greater number of employees would have seen their paychecks increase, had this law … The new law overrides BOLI’s “double overtime” interpretation and reestablishes the status quo that both Oregon employers and BOLI itself had maintained prior to BOLI’s January guidance. If an employee works on a seventh day, that employee is entitled to time and a half for the first eight hours of work and double time for additional hours. Both the federal and state laws … Double the employee's regular rate of pay for all hours worked in excess of 12 hours in any workday and for all hours worked in excess of eight on the seventh consecutive day of work in a workweek. Paying overtime is costly, so overtime laws encourage employers to divide up the workload among a reasonable number of workers. The new statute amends several provisions in Oregon’s daily and weekly overtime statutes to specify that manufacturing employers must pay employees the greater of daily or weekly overtime for employees who work both more than the daily maximum of 10 hours and the weekly maximum of 40 hours during a single workweek. A work period of eight consecutive hours over five days with at least eight hours of rest in between shifts defines a standard shift. Presently, no OSHA standard to regulate extended and unusual shifts in the workplace exists. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees may also be able to recover double the amount of their unpaid overtime under federal law plus additional penalties under Oregon state law. Consistent with federal law, Oregon employers must pay employees time-and-a-half when they work more than 40 hours in a work week. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). (The Oregon overtime civil penalty is limited to 30 days. OT Exempt Salary Threshold Calculator. Employment Standards message: 2021 salary thresholds set for overtime exempt employees. Employers can define a workweek as any 7 consecutive days beginning on the same day and time every week. After working 12 hours in a day, California employees must receive double time. When the time worked in a single day exceeds 12 hours, a worker is entitled to double time for all hours worked after the 12th hour When an employee works seven consecutive days in a single workweek, … Employees earn overtime for all hours worked on the 7th consecutive day, and double time after working 12 hours on any day or more than 8 hours on the seventh day of any workweek. Oregon Overtime Requirements In Oregon, nonexempt employees who work more than 40 hours in a given workweek are entitled to an overtime rate of one-and-one-half times their regular rate of pay for … The new law overrides BOLI’s “double overtime” interpretation and reestablishes the status quo that both Oregon employers and BOLI itself had maintained prior to BOLI’s January guidance. To learn more, see our article on which employees are exempt from overtime.) Oregon follows both the federally overtime laws provided by the Fair Labor Standards Act (FLSA) and state overtime laws. Oregon exempts executive, administrative, supervisory, and professional employees from the overtime rules. Review the amended statutes carefully with counsel to determine which provisions apply to their employees and which do not; Examine past employee schedules and timesheets to determine the frequency with which employees worked both daily and weekly overtime hours in a single week; If a manufacturing employer has employees who work more than 55 hours in any week and does not process perishable goods, it should implement new scheduling policies and hire new employees as necessary to ensure uninterrupted operations while complying with the new weekly maximum; If an employer processes perishable goods, it should determine which week(s) of the year it may need employees to work more than 55 hours, and draft the employee consent and BOLI notification forms necessary to claim the undue hardship exemption; Train human resources, payroll, and managerial staff on the new requirements; Edit employee handbooks and new hire materials to reflect the new requirements. Depending on your state overtime policy, anything after your original 8-hour shift … Any shift that goes beyond this standard is considered to be extended or unusual.Emergency situations, times of business transition, and when resources are scarce often require longer shifts. (Exempt employees are not entitled to overtime pay. The required overtime pay is 1.5 times the hourly rate for hours worked in excess of 40 in a workweek. Overtime is calculated based on hours actually worked, and your employee worked only 35 … Not every type of job is eligible for overtime… Both the federal and state laws … The Oregon overtime civil penalty is equal to eight hours of wages for each day your employer is late paying your overtime wages. The other situation is if an employee works 7 consecutive days in a pay … Oregon law requires that most non-exempt employees be paid overtime when they work more than 40 hours in a single seven-day work week. The overtime rate under Oregon law is at least 1.5 times an employee’s regular pay … Processors of perishable goods are, for instance, exempt from the new 55-hour weekly maximum. Is Overtime More Than 40 Hours of Work in a Week? Anything from 11:59 and forward counts as a new week; so your shift from 11:59pm-8:30am will be paid at your normal rate. The new statute, which Oregon Governor Kate Brown signed on August 8, 2017, requires most employers in the manufacturing sector to pay employees the greater of daily or weekly overtime if an employee works more than 10 hours in a single day and more than 40 hours total in the course of a single workweek. A new Oregon law clarifies Oregon’s daily and weekly overtime laws and sets new maximum-hour limits for certain Oregon employers. While Oregon and federal law are similar, there are some major differences between Oregon's overtime exemption regulations and the federal regulations. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Oregon does not specify a daily overtime limit. The other major component of the new law prohibits most manufacturing employers from requiring employees to work more than 55 hours in a workweek. Once an employee reaches 40 hours in a single workweek, employers are required to compensate them at a rate of 1.5… However, both the original statutes and the statutes as amended by the new law contain numerous provisions that include exceptions or varying requirements for employers engaged in specific types of manufacturing operations. The first situation is if an employee works more than 12 hours in a workday, any hours in excess of those 12 hours must be paid double. Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time … 100 Winners Circle, Suite 300, Brentwood, TN 37027 800-727-5257. The overtime law signed during the previous administration aimed to double the existing salary threshold of $455 to $913 (or $47,476 per year). Oregon employers must pay overtime to nonexempt employees for all hours worked over 40 hours per week. Oregon's Overtime Minimum Wage . The law also sets a firm 55-hour weekly limit for most manufacturing-sector employees. Because the FLSA applies to virtually all enterprises involved in interstate commerce, most Oregon employers are covered by the federal law. Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate activities, most Oregon employers are covered by both state and federal law and must adhere to the stricter overtime standard. Washington law does not require overtime for hours worked over 8 hours in a day, with the exception of certain public works projects. Workers working 7 days straight in a single work week must be paid overtime for their first 8 hours on the 7th … Changes made to Washington's overtime rules. Non-exempt employees are eligible for overtime … There … The primary exception set forth in the statute applies to manufacturers who process perishable products. Washington's overtime employment rules have changed. 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. The law generally applies to employees who work in mills, factories, and manufacturing establishments. No. Diversity & Inclusion Training and Consulting, General Data Protection Regulation (GDPR), Littler Restructuring Assessment Solution, Court Rejects Recent Interpretation of Oregon Overtime Laws That Would Have Required Certain Employers to Double Count Daily and Weekly Overtime, New Oregon Law Imposes Scheduling and Working Hours Obligations on Employers, Oregon Enacts New Equal Pay Law that Includes Salary History Inquiry Restrictions, Oregon Board Adopts Final Rules to Implement Retirement Savings Program. The minimum wage and overtime … Young v. State of Oregon, 161 Or App 32, … Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Employers that are covered by both state and federal law must comply with the law that sets the higher standard of protection for employees. Therefore, Oregon's overtime … State manage­ment employees were eligible for overtime pay or compensatory time during two-year period governed by 1995 version of [former] ORS 279.342. Employers with manufacturing operations in Oregon should consider taking the following steps to ensure compliance with the new law: Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney. Employers should consult with counsel to determine which of the new provisions apply to them. However, Oregon law also requires that … In other words, BOLI’s new interpretation stated that an employee who worked three 12-hour shifts and one 10-hour shift in a given week (for a total of 44 hours) should receive 10 hours of overtime—6 hours of daily overtime for the 3 days where the employee worked more than 10 hours, and 4 hours of weekly overtime because the employee worked more than 40 hours in the 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 … © 2021 BLR®, a division of Simplify Compliance LLC. The FLSA does not require overtime … Thus, under the hypothetical discussed above, the employee would receive 6 hours of overtime pay for the three 12-hour days, since that is greater than the 4 hours of weekly overtime he had earned during the week. If an employer does not define a workweek, then it defaults to the calendar week – Sunday through Saturday. Because the federal Fair Labor Standards Act (FLSA) applies to virtually all enterprises involved in interstate activities, most Oregon employers are covered by both state and federal law and must adhere to the stricter overtime standard. Positions at UO are determined to be eligible or ineligible for overtime compensation based on federal law (Fair Labor Standards Act of 1938, or "FLSA"). Learn more. Therefore, Alabama's overtime minimum wage is $10.88 per hour, one and a half times the regular Alabama minimum wage of $7.25 per hour. Both the California Labor Law and the Federal Fair Labor Standards Act (FLSA) state that work performed in one workweek in excess of 40 hours is overtime. 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