Please contact individual agency programs for further information. 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. OR Bureau of Labor FAQs: Overtime. That said, privacy laws prevent employers from sharing any specific medical information of another employee. Oregon Holidays: What you need to know. For exemption, an employee must pass three tests: For outside sales personnel there is only a duties test. WHO IS AN EMPLOYER? 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. Exempt employees must receive a salary of at least $455 per week. Many commission employees are exempt from Oregon overtime and minimum wage regulations. 27 WLR 110 (1991); 32 WLR 217 (1996) §§ No Oregon overtime laws limit the amount of overtime that an employee can be forced to work in most industries. Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. © 2021 BLR®, a division of Simplify Compliance LLC. All rights reserved. Oregon courts have ruled that vacation that has been “contracted for” (promised in writing, orally, or consistently provided) is considered to be wages. Some state agencies have different requirements of employers than other state agencies. The rest period should be taken as nearly as possible in the middle of the work segment. Exempt professional employees include lawyers, physicians, teachers, architects, registered nurses and other employees performing work requiring advanced education or training. 192.338 Exempt and nonexempt ... or information the disclosure of which is prohibited or restricted or otherwise made confidential or privileged under Oregon law. Independent contractors, who are not considered legal employees, are also exempt from overtime law. Oregon Exempt Personnel federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals. What are the required meal and break periods? Some employees are exempt only from the overtime rules under Oregon or federal law. Oregon Holidays federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals . 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. Employees who work at least six hours are entitled to a 30-minute unpaid meal break. Law Review Citations. All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state 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. Employment Law Seminars . 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. 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. 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. 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. 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 … Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or l Roberts v. 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). © 2021 BLR®, a division of Simplify Compliance LLC. Back To Top . 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. CAUTION: Misclassification of salaried employees as exempt creates liability for unpaid overtime. Nor do long haul truck drivers, taxicab drivers or newspaper carriers. 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.
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