Oregon Overtime Exemptions

Both the FLSA and Oregon separate employees into two classes, “non-exempt” employees who are entitled to overtime pay, and “exempt” employees are not.

All employees by default are non-exempt and entitled to overtime. An employer must prove that an employee is “exempt” from overtime by meeting specific criteria. The most commonly used exemptions basically require the employer to prove that the employees meet both the following criteria:

1. The employee must be paid a salary (Salary Page); AND2. The employee must perform the duties of an exempt employee. For examples of excemptions see: (Oregon Overtime Exemption: Executive Oregon Overtime Exemption: Administrative)

If the employer fails to prove both, the employee is likely due unpaid overtime wages. Determining whether a specific employee is exempt or is due unpaid overtime wages is very fact specific. To find out whether you are non-exempt under Oregon law and the FLSA, and thus may have unpaid overtime wages, call (360) 566-WAGE or (360) 566-9243 for a free consultation with one of our attorneys.

Oregon employees who have unpaid overtime wages may also be due an overtime civil penalty.  The overtime civil penalty can be as much as 30 days of wages.  The overtime civil penalty is calculated by multiplying the regular hourly rate (the regular hourly rate can fluctuate depending upon bonus structure, commission, etc) by 8 hours per day, for each day the overtime wages were not paid after due, for a maxim of 30 penalty days.  For instance, an employee with unpaid overtime wages of $30, and who makes $10.00 per hour could be due $2,430.00.  ($30 unpaid overtime wages + [$10 per hour * 8 hours per day * 30 penalty days]).

Wage Claim Attorneys.
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon overtime and minimum wage claim lawsuits for employees who were mis-classified and are due unpaid overtime wages. In addition to the unpaid overtime wages and damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the overtime wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most overtime wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our attorneys only get paid their attorney fees if they recover overtime wages for you.

The lawyers at Schuck Law, LLC prosecute Oregon overtime wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Hood River, Klamath Falls, Lincoln City, Madras, McMinnville, Medford, Portland, Sandy, St. Helens, and Tillamook.

GoogleBy David Schuck