It is not unlawful to pay a non-exempt employee on a salary basis. However, this solution is rarely satisfying to the employer, as the employer must still track hours worked, and must still pay overtime for hours worked over 40 in a single week. Next Steps: Wage and hour laws are complex and little mistakes can have major consequences.
The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Washington overtime laws). If your work involves manual labor (such as construction worker, factory attendant, cashier, etc.
Hourly employees in Oregon are almost always entitled to overtime for all hours worked in excess of 40 per workweek. However, many Oregon employees do not understand that salary pay alone does not disqualify them from receiving overtime.
· Under BOLI’s revised guidance, the requirement to pay overtime wages for working more than 10 hours in a day under oregon revised statutes (ors) 652.020 and the requirement to pay overtime wages for working more than 40 hours a week under ORS 653.261 operated independently of each other, without an offset.
State Salary Thresholds increase in 2018 for Exempt Employees. Last year employers anxiously watched as the Department of Labor (DOL) announced a rule requiring the salary threshold for exempt employees to double. The new overtime rule required that employees see a new salary of $47,476 in order to qualify as an exempt employee and be exempt from overtime pay.
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Gov. Kate Brown has signed into law a bill that remedies ambiguities in Oregon’s decades-old daily overtime law, which covers nonunion employees working in mills, factories and manufacturing.
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Oregon law requires most employers pay overtime to eligible employees at one-and-a-half times the employee’s regular rate of pay for all hours worked beyond 40 in a work week.
Overtime. If a salaried exempt employee works more than 40 hours per week, you do not have to pay him overtime. You may, however, give him additional compensation such as a bonus or extra time off. You must pay salaried nonexempt employees overtime at 1.5 times their regular pay rate if they work more than 40 hours for the week.