Compliance Watch:
What are my overtime rights in Oregon?

September 2nd 2024

Understanding your overtime rights in Oregon is crucial to ensuring fair treatment and proper compensation for your hard work. In Oregon, both state and federal laws protect workers by regulating overtime pay. These regulations ensure that employees receive appropriate compensation for working beyond the standard hours.

This article provides the specifics of overtime rights in Oregon, the key provisions of the laws governing overtime, how overtime pay is calculated, and what steps you can take if your employer does not comply with the overtime laws.

This Article Covers

Understanding Overtime in Oregon
Common Questions About Overtime in Oregon
Legal Working Hours in Oregon
Overtime Eligibility in Oregon
    Overtime Payment Calculations in Oregon
      Receiving Overtime Payment in Oregon
      Violations of Overtime Law in Oregon

      Understanding Overtime in Oregon

      Is overtime pay mandatory in Oregon?

      Yes, overtime pay is mandatory in Oregon for non-exempt employees. According to the Oregon Bureau of Labor and Industries (BOLI), non-exempt employees must receive overtime pay at a rate of one and a half times their regular rate of pay for any hours worked over 40 in a workweek. Special overtime rules apply to government agencies, agricultural workers, and manufacturing and canning industries.

      When do I qualify for overtime pay in Oregon?

      In Oregon, you qualify for overtime pay under specific conditions outlined by the law. According to Oregon BOLI, most employees are entitled to overtime pay unless they are specifically exempted by law. General criteria for qualifying for overtime pay in Oregon include:

      • Non-Exempt Status: Most employees are considered non-exempt, meaning they are entitled to overtime pay. Exempt employees include certain executive, administrative, and professional employees who meet specific criteria related to job duties and salary.
      • Work Hours: Overtime pay must be provided for all hours worked over 40 in a workweek. In certain industries, such as manufacturing, overtime pay is qualified as hours worked over 10 in a day or 40 in a workweek; for agricultural workers, overtime hours are counted after they work 55 hours in one workweek; and for domestic workers, overtime is counted after 40 hours in one workweek or 44 for those living in the home.

      How much is overtime pay in Oregon?

      Under the FLSA and Oregon state laws, employees are entitled to receive overtime pay at one and a half (1.5) times their regular rate of pay for hours worked over 40 in a workweek.

      For example, the minimum wage in Oregon is $14.20 per hour, and this makes the minimum overtime rate in Oregon $21.30 per additional hour worked.

      Which laws govern overtime in Oregon?

      Both state and federal laws primarily govern overtime in Oregon. Here are the key provisions that regulate overtime:

      • Fair Labor Standards Act (FLSA): This federal law establishes the minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA mandates that non-exempt employees receive overtime pay at a rate of one and a half times their regular rate of pay for hours worked over 40 in a workweek.
      • Oregon Revised Statutes (ORS) Chapter 653.010 to 653.261: Oregon state law also governs overtime pay, it provides additional provisions that align with the FLSA and may provide further protections or requirements specific to Oregon. For instance, some industries in Oregon may have specific rules regarding daily overtime pay (e.g., those workers in the manufacturing and canning industries who worked over 10 hours in a day).

      Common Questions About Overtime in Oregon

      Do employers have to pay overtime in Oregon?

      Yes, Oregon employers have to pay eligible employees overtime as mandated by state and federal laws. Under these laws, eligible employees must receive overtime pay for all hours worked beyond a certain threshold (e.g., hours worked over 10 in a day for manufacturing and canning, hours worked over 55 for agricultural workers, hours worked over 44 for live-in domestic workers, and hours worked over 40 for most employees).

      Can an employee refuse to work overtime in Oregon?

      In Oregon, whether an employee can refuse to work overtime depends on several factors, including the terms of their employment contract and specific job requirements. Oregon is an at-will employment state, meaning that the employer can terminate the employment relationship at any time, for any reason, as long as it is not illegal. This also means that employers can set work schedules, including requiring overtime, as a condition of employment.

      Hence, if an employee has a contract that specifies their obligations regarding overtime, those terms must be followed, and refusal of overtime work constitutes a violation of the employer’s policies. Employers may discipline or terminate employees for refusing overtime.

      Can I take comp time instead of overtime pay in Oregon?

      Comp time refers to paid time off given to employees in lieu of overtime wages. In Oregon, private sector employees cannot take compensatory (comp) time instead of receiving overtime pay. Under the FLSA, private sector employers are required to pay non-exempt employees overtime wages for hours worked over 40 in a workweek. However, in some cases, employers in Oregon may offer additional benefits or compensatory time off beyond what is required by law as long as it meets or exceeds the minimum requirements set by federal and state laws.

      Can I get overtime pay in Oregon without employer approval?

      Yes, in Oregon, eligible employees are entitled to overtime pay regardless of whether their employer has approved the overtime hours worked. Although employers require employees to get approval before working overtime, they cannot withhold overtime pay for hours worked and recorded. However, employers can discipline employees for violating their company policies by working overtime without authorization.

      Does Oregon have double-time pay?

      Oregon has no state law that mandates double time for hours worked beyond a certain threshold. Overtime pay in Oregon, as in most states, is generally required at a rate of one and a half times the employee’s regular rate of pay for hours worked over 40 in a workweek, or over 10 in a day for manufacturing and canning industries.

      What is working ‘off-the-clock’ in Oregon?

      Working ‘off-the-clock’ in Oregon refers to any work an employee performs that is not recorded or compensated by the employer. This practice is generally illegal under both federal and state laws, as employees must be paid for all hours worked. Here are some instances that constitute working ‘off-the-clock’:

      • Employees are required to perform work tasks before clocking in, during their designated break times, or after clocking out without logging those hours.
      • Engaging in activities such as preparing or cleaning up workstations, attending mandatory meetings, or completing paperwork before officially starting their shift or after it ends.
      • Even if an employer does not authorize overtime or additional work, if the employer knows or has reason to know that the employee is working, those hours must be compensated.
      • Time spent on work-related emails, calls, or messages outside of scheduled working hours.
      • Time spent traveling for work purposes during the workday or to different job sites should be compensated.

      What are common ways employers do to avoid paying overtime in Oregon?

      Employers may use various methods to avoid paying overtime which are considered illegal and violate labor laws. Common ways employers do to avoid paying overtime in Oregon include:

      • Misclassifying non-exempt employees as independent contractors or exempt employees without meeting the legal criteria.
      • Encouraging or requiring employees to perform work-related tasks before clocking in or after clocking out. This includes tasks such as setting up, cleaning up, or answering emails off the clock.
      • Altering time records to reduce the number of hours worked can involve rounding down hours.
      • Offering comp time instead of overtime pay in the private sector without adhering to strict guidelines set forth by law.
      • Not compensating employees for all the time they are required to be on duty or at a prescribed work location, including work-related travel, training, and meetings.

      Can you work seven days in a row in Oregon?

      Employees in Oregon can work seven days in a row. While no state law prohibits working seven consecutive days, certain regulations should apply. Employers must comply with overtime and rest period requirements. For non-exempt employees, overtime pay at one and a half times the regular rate is required for hours worked over 40 in a workweek. In addition, Oregon law mandates a 10-minute paid rest break for every four hours worked and a 30-minute unpaid meal break for shifts lasting six hours or more.

      How many ten-hour days can you work in a row in Oregon?

      In Oregon, an employee can work ten-hour days continuously, provided their total hours do not exceed 40 hours in a week without incurring overtime pay obligations. Once the total exceeds 40 hours in a week, overtime rules apply. In addition, manufacturing employees can work ten-hour days, but any day exceeding ten hours requires overtime pay for the additional hours.

      What are full-time hours in Oregon?

      Full-time work in Oregon is considered to be 40 hours per week. However, there are exceptions based on industry standards or specific agreements where a normal full-time work week may be defined as more or less than 40 hours.

      How many hours straight can you legally work in Oregon?

      Oregon does not set a specific limit on consecutive hours worked in a single shift, employers must provide adequate rest periods and comply with other labor regulations to protect employee health, safety, and well-being. Oregon law requires that employees receive at least a 30-minute unpaid meal period for shifts of at least six hours in duration. Employees must also receive a 10-minute paid rest period for every four hours worked. In addition, non-exempt employees who work more than 40 hours in a workweek are entitled to overtime pay in Oregon.

      Learn more about Oregon Break Law in our detailed guide.

      Is overtime after eight hours or 40 hours in Oregon?

      In Oregon, the general rule for overtime pay is based on hours worked over 40 in a workweek. However, specific industries and types of workers have different overtime requirements:

      • Employees in the manufacturing industry are entitled to overtime pay for hours worked over 10 in a single day or 40 in a workweek, whichever results in more overtime pay.
      • For agricultural workers, overtime pay is required after working 55 hours in a workweek.
      • For domestic workers who do not live in the home where they work, overtime is required after 40 hours in a workweek.
      • For domestic workers who live in the home where they work, overtime is required after 44 hours in a workweek.

      Does working on the weekend qualify for overtime pay in Oregon?

      Simply working on a Saturday or Sunday does not entitle an employee to overtime pay unless the total hours worked during the workweek exceed 40 hours (or the specific industry or worker thresholds mentioned above). There is no additional premium pay mandated solely for working weekends under Oregon state law or federal law.

      How many hours off between shifts is required in Oregon?

      In Oregon, under specific labor regulations, employers are generally required to provide a rest period of at least 10 hours between shifts unless the employee requests or consents to work during this period.

      • Employers cannot schedule or require an employee to work during the first 10 hours following the end of the previous calendar day’s work shift or on-call shift.
      • Employers cannot schedule or require an employee to work during the first 10 hours following the end of a work shift or on-call shift that spanned two calendar days.

      If an employee works during the mandatory rest period (within the 10-hour window described above) due to the employee’s request or consent, the employer must compensate the employee at one and a half times the employee’s regular rate of pay for each hour or portion of an hour worked during this rest period.

      What does ‘hours worked’ include in Oregon?

      In Oregon, ‘hours worked’ includes all the time an employee is required to be on duty, on the employer’s premises, or at any other prescribed place of work. It encompasses both active working time and certain periods of inactivity where the employee is still under the employer’s premises. Here are what constitutes ‘hours worked’ in Oregon:

      • Time spent performing job duties.
      • Time spent preparing and concluding activities, such as setting up equipment or cleaning workstations.
      • Time spent waiting for work when they are unable to use that time effectively for their purposes and are required to remain on or near the job site.
      • Time spent remaining on call on or near the employer’s premises that they cannot use the time effectively for their own purposes.
      • Time spent during rest periods of less than 20 minutes is considered work time. Bona fide meal periods are not considered work time, but if employees are required to work during the meal break or they are not completely relieved from their duty, time spent on said meal periods becomes compensable.
      • Time spent traveling between job sites during the workday is considered hours worked. However, travel from home to the worksite is not considered hours worked, unless the employee is called back to work after their regular working hours.
      • Time spent working over 40 hours in a workweek.

      What is the maximum number of hours a salaried employee can work in Oregon? 

      In Oregon, there is no specific maximum number of hours a salaried employee can work as long as the employee meets the criteria for exemption under federal and state labor laws. Exempt employees, such as those in executive, administrative, or professional roles, are typically not entitled to overtime pay regardless of the number of hours worked. However, the key factors for exemption include meeting a minimum salary threshold and performing certain job duties.

      For non-exempt salaried employees, employers must pay overtime for any hours worked over 40 in a workweek at a rate of one and a half times the regular hourly rate. Oregon also requires compliance with rest and meal break regulations, which mandate a 10-minute paid rest break for every four hours worked and a 30-minute unpaid meal break for shifts of six hours or more.

      Learn more about Your Rights as a Salaried Employee in Oregon.

      What is the maximum number of hours an hourly employee can work in Oregon?

      In Oregon, there is no specific maximum number of hours that an hourly employee can work in a day or week, provided that employers comply with overtime and rest period regulations. Certain industries, such as transportation or healthcare, may have additional regulations regarding maximum working hours to ensure safety and compliance.

      Learn more about Your Rights as an Hourly Employee in Oregon.

      Overtime Eligibility in Oregon

      Who is eligible for overtime pay in Oregon?

      Both federal and state laws determine eligibility for overtime pay for employees in Oregon. Under the federal FLSA, non-exempt employees are entitled to overtime pay for all hours worked over 40 in a workweek. Oregon follows the FLSA but also has special provisions for:

      • Employees in mills, factories, manufacturing establishments, and certain other industries, overtime pay is required for hours worked over 10 in a day or 40 in a workweek.
      • Some agricultural workers are eligible for overtime pay, overtime is required for hours worked over 55 in a workweek.
      • Domestic workers (e.g. housekeepers, nannies, and home care workers), are generally eligible for overtime if they work over 40 hours in a workweek, or 44 hours for live-in domestic workers.

      Who is exempt from overtime pay in Oregon?

      To be exempt from overtime pay, employees must be paid on a salary basis, meaning they receive a predetermined amount of pay that is not subject to reduction based on the quality or quantity of work performed. However, being paid on a salary basis alone does not automatically exempt an employee from overtime pay. The salary threshold for overtime is at least $844 per week ($43,888 annually).

      However, the primary factor in determining exempt status is the employee’s job duties. Each exempt category has specific duties tests that must be met, including:

      • Executive exemption: Employees whose primary duty is managing the company or department, and who manage the work of at least two or more other full-time employees, and have the authority to hire or fire employees.
      • Administrative exemption: Employees whose primary duty involves office or non-manual work directly related to management policies or general business operations and whose work requires the exercise of discretion and independent judgment on significant matters.
      • Professional exemption: Employees whose primary duty involves work requiring advanced knowledge in a field of science or learning acquired by prolonged intellectual instruction; or employees whose primary duty involves work requiring invention, imagination, originality, or talent in a recognized artistic or creative field.
      • Computer employee exemption: Employees whose primary duty involves computer systems analysis, programming, software engineering, or similar work and who are paid at least $27.63 hourly.
      • Outside sales exemption: Employees whose primary duty is making sales or obtaining orders or contracts for services or for the use of facilities for which a consideration will be paid by the client or customer and regularly work away from the employer’s place of business.
      • Highly compensated employees: Employees who perform office or non-manual work and are paid a total annual compensation of $107,432 or more, which includes at least $844 per week paid on a salary or fee basis.

      Can salaried employees get overtime pay in Oregon?

      Yes, salaried employees can be eligible for overtime pay in Oregon if they are classified as non-exempt under state and federal wage and hour laws. Non-exempt salaried employees are entitled to overtime pay at a rate of one and a half (1.5) times their regular pay for all hours worked over 40 in a workweek.

      Learn more about Oregon Salaried Employees Laws and Oregon Overtime Laws.

      Overtime Payment Calculations in Oregon

      What is my regular rate of pay in Oregon?

      The regular rate of pay in Oregon is the basis for calculating overtime pay for non-exempt employees. An employee’s regular rate of pay includes all compensation earned by the employee, such as hourly wages, salaries, commissions, bonuses, and other forms of compensation, excluding certain types of payments.

      For hourly employees, their regular rate of pay is the hourly wage. For example, you earn $14.20 per hour, this makes your minimum overtime rate in Oregon $21.30 per additional hour worked.

      For non-exempt salaried employees, the regular rate of pay is calculated by dividing the total salary by the number of hours the salary is intended to cover. For example, if a salaried non-exempt employee earns $568 for a single 40-hour workweek, their regular rate of pay is $14.20 per hour ($568 / 40 hours).

      How do you calculate overtime in Oregon?

      Calculating overtime pay for non-exempt employees involves determining the employee’s regular rate of pay and hours worked over 40 in a workweek. Here’s a quick guide on how to calculate overtime:

      • Determine the regular rate of pay. For hourly employees, the regular pay rate is simply their hourly wage. For salaried employees, divide their weekly wage by the hours it covers.
      • Determine the total hours worked over 40 hours in the workweek. For certain industries, the work hours threshold is over 44 hours for live-in domestic workers, over 55 hours for agricultural workers, and over 10 hours in a day for manufacturing and canning employees.
      • Calculate overtime rate. For example, your regular hourly rate is $14.20 per hour, this makes your overtime rate $21.30 per additional hour worked ($14.20 x 1.5).
      • Calculate overtime pay. Multiply the overtime rate by the number of hours worked over 40 in a workweek. For example, if you worked 48 hours in a single workweek, your overtime hours is 8. To get the overtime rate, multiply the overtime rate by the additional hours worked. In this example, the overtime pay is $170.40.
      • Calculate total pay. Sum up the regular pay and overtime pay of the employee.

      How is overtime taxed in Oregon?

      In Oregon, overtime pay is taxed just like regular income. It is subject to federal income, Social Security tax, and Medicare tax. Oregon state income tax also applies, with rates running from 4.75% to 9.9% based on total income. Both federal and state tax withholdings are calculated based on total earnings, including overtime. The exact amount withheld depends on your overall earnings and tax bracket.

      Receiving Overtime Payment in Oregon

      How is overtime paid in Oregon?

      In Oregon, overtime pay is included in the employee’s regular paycheck for the pay period in which the overtime hours were worked. This means that employees receive their overtime pay through the same method as their regular wages, whether by direct deposit, paper check, or another agreed-upon payment method.

      When do I receive my overtime paycheck in Oregon?

      You must receive your overtime pay on the regular payday for the pay period in which the overtime was worked. Employers are required to pay all wages, including overtime, according to the established pay schedule. If you worked overtime during a specific pay period, the overtime compensation should be included in the paycheck for that period.

      Violations of Overtime Law in Oregon

      What if my employer refuses to pay me overtime in Oregon?

      If your employer refuses to pay you overtime in Oregon, you can try addressing the issue first with your employer or human resource department to resolve the matter internally. However, if the internal resolution fails, you can file a wage claim with the Oregon Bureau of Labor and Industries (BOLI). Employees may also consider consulting an employment law attorney who can provide legal guidance and assist them in filing a lawsuit to recover unpaid overtime wages.

      What is the penalty for failing to pay overtime in Oregon?

      In Oregon, employers who fail to pay overtime face several penalties. If an employer does not pay final wages, including overtime when they are due, they risk a penalty wage equal to eight times the employee’s regular rate of pay for each day the wages are unpaid, up to 30 days. However, employers can limit this liability to 100% of the unpaid wages by paying the final wages within 12 days of receiving written notice from the employee that wages remain due.

      In addition, the Oregon BOLI can impose a civil penalty of $1,000 plus costs, interest, and attorney fees for willful failure to pay wages at termination.

      How can I file a wage claim for overtime in Oregon?

      To file a wage claim with Oregon BOLI, you can obtain the wage claim form from the website or pick one up at a BOLI office. Fill out the form with detailed information about your employment, the hours worked, and the wages owed. Attach all supporting documents.

      Can employers retaliate against employees for making a wage claim in Oregon?

      In Oregon, it is illegal for employers to retaliate against employees for making a wage claim or asserting their rights under wage and hour laws. Retaliation can take various forms, including termination, demotion, reduction in hours, or other adverse actions aimed at punishing or intimidating the employee.

      If an employer retaliates against an employee for filing a wage claim or asserting their rights, the employee may take legal action. Employees who believe they have been retaliated against can file a retaliation complaint with Oregon BOLI.

      Learn more about Oregon Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

      Most Read