It is important to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
You have rights under state and federal wage and hour laws only if
an employer-employee relationship exists. So, if you are an independent
contractor, a co-partner or a volunteer, these laws do not apply to
you. Do not assume that you are an independent contractor just because
your employer says you are. Ask the Employment Department for a description
of the difference between employees and contractors.
Generally, employees in Oregon receive no less than the minimum wage
of $8.40 per hour. Employees of the federal government receive no less
than $6.55 per hour. The federal minimum wage will increase to $7.25
per hour on July 24, 2009. Also, employers generally must pay for overtime
at a rate of one and one-half times your regular rate of pay. If you
work more than 40 hours in a week, those extra hours worked are overtime.
For example, if your regular rate of pay is $8 per hour, your overtime
pay is $12 per hour for each hour more than 40 you work in one week.
Nothing in the law allows private employers to give employees comp
time, that is, paid time off, instead of paying for overtime.
The minimum wage and overtime rules do not apply to some employees.
For example, salespersons who usually work outside their employers’ places
of business do not have to be paid minimum wage or overtime. Some workers
on small farms and employees in livestock production are exempt from
minimum wage and overtime pay. Certain student workers are not covered.
Casual baby-sitters and companions to the elderly are exempt. In addition, “executive,” “administrative” or “professional” employees
are exempt. Salaried employees are NOT automatically exempt from minimum
wage and overtime requirements.
Some employees are exempt only from the overtime rules. For example,
most agricultural workers do not have to be paid overtime pay. Nor
do long haul truck drivers, taxicab drivers, or newspaper carriers.
Sales people at automotive, farm equipment, boat and aircraft dealerships
are exempt from overtime rules. Domestic workers, such as cooks and
housekeepers, are exempt if they live in the households where they
work. Also exempt are movie theater employees and retail sales people
who receive at least 50 percent of their compensation on commission.
You can get more information about exempt status and overtime requirements
by calling the Oregon Bureau of Labor and Industries, Wage and Hour
Division in Eugene, Medford, Portland or Salem, or the U.S. Department
of Labor at (503) 326-3057 or toll-free at (866) 487-9243. There is
a toll-free TTD number at (877) 889-5627.
Special overtime rules apply to some employers. Canneries, driers and
packing plants must pay overtime for any work performed more than 10
hours in a day. Mills, manufacturing establishments and factories must
pay overtime for more than 10 hours worked in a day, unless a collective
bargaining agreement provides otherwise.
County, city and school district employees must receive overtime after
eight hours in a day, unless a collective bargaining agreement provides
otherwise. Underground mine workers may not work more than eight hours
in a 24-hour period. Police, firefighters and employees of hospitals,
residential care facilities and nursing homes have special overtime
rules. Call the Bureau of Labor and Industries or the U.S. Department
of Labor for more specific information.
The employer must pay you for all the time you work. Your employer
must pay you for preparing to work, such as setting up a work station
or getting into special protective clothing. Also, your employer must
pay you for time spent concluding your work, such as cleaning your
workspace or dropping the employer’s mail off at the post office.
The employer must pay you for attending required training, lectures
and meetings related to your job. Waiting on the job is considered
work time if you cannot use that time effectively for your own purposes.
You are not paid for waiting if your employer completely relieves you
from duty for a period of time long enough for you to use for your
own purposes. If you are on-call or use a beeper, your employer will
pay you only for time you are actually called to work. Normal travel
time to and from work is not paid work time. Travel as part of your
job description is paid work time. If your job allows for sleeping
time and you are on duty for less than 24 hours, the sleeping time
is paid. If you are on duty for 24 or more hours, you and your employer
may agree to exclude meal and sleep periods of up to eight hours from
your paid work time.
Employees covered by Oregon’s minimum wage law are entitled to
certain minimum working conditions. For example, as an employee, you
get a 10 minute paid rest period during every four hours of work. You
should be relieved of all work during the break. Rest periods are separate
from meal periods. Meal periods are required if you work more than
six hours. They should be at least one-half hour long, and employers
do not have to pay for that time if you are completely relieved of
work during the meal period. Employers may require employees to do
some work during the meal period if the nature of the job makes it
difficult to completely relieve them. In that case, the meal period
is counted as work time and the employer must pay the employee for
it. Employers are required to provide you with a sanitary and safe
work area and may not require you to lift excessive weight. These rules
regarding working conditions do not apply to agricultural workers.
You have the right to inspect most of your personnel records. Employers
are required to keep them for 60 days after you terminate employment,
and you can request a copy of your personnel records for as long as
the employer keeps them. The employer can charge you a reasonable amount
for copies.
Oregon law requires employers to keep regular paydays, such as weekly
or monthly. You should get a statement of the amounts and purposes
of any deductions from your wages. The statement is required with every
paycheck. Deductions may be made for taxes and for the fair market
value of meals and lodging provided for your benefit. Other deductions
may be made only if they are for your benefit and you authorize them
in writing in advance. Deductions may not be made to cover breakage
or losses an employee may have caused. If you are paid minimum wage,
deductions may not be made to cover the cost of uniforms or tools or
their maintenance.
When you quit a job, all wages must be paid on the last day of work
if you give the employer at least 48 hours notice. If you quit without
notice, the employer must pay all wages due within five days, not counting
weekends or holidays. If your employer fires you, all your earned wages
must be paid no later than the end of the first business day after
the termination. If you are temporarily laid off or if you go on strike,
your employer may give you your paycheck on the next regular payday.
If your employer fails to pay you any wages due in your final paycheck,
you may be entitled by law to continued wages for up to 30 days. If
you leave employment and you are the only one with accurate records
of the hours you worked, the employer is obliged to pay only what the
employer reasonably estimates is the correct amount.
If you don’t think you’ve been paid all of your agreed
wages or minimum wages, or for overtime or fringe benefits, you can
file a claim with the Oregon Bureau of Labor and Industries. That agency
has offices in Bend, Coos Bay, Eugene, Medford, Pendleton, Portland
and Salem. If you were employed by a public employer, it may also be
necessary for you to file a notice of claim with your employer as well.
A claim for wages also may be brought by a private attorney on your
behalf, and if successful the court may order your attorneys fees to
be paid in part or in full by the employer.
Legal editor: Jeffrey D. Jones, February 2009