Oregon Overtime Laws

Oregon overtime wage claim
Oregon overtime law generally requires all employers to pay their employees overtime wages. Oregon overtime wage law defines overtime as all hours the employee works in excess of 40 hours in one week. In some situations, such as factories and prevailing wage jobs, Oregon overtime laws require employers to pay overtime wages on a daily basis. When Oregon employees work overtime hours, they must be paid overtime wages. Overtime wages under Oregon overtime laws mean that the Oregon employee is paid 1 ½ times their regular hourly rate of pay for all overtime hours the employee worked. OAR 839-020-0030.  The 1/2 portion of the overtime wage rate can also be referred to as overtime premium pay.

My employer did not pay my Oregon overtime wages. Do I have an Oregon overtime wage claim?
You probably have an Oregon unpaid overtime wage claim because your employer likely violated Oregon overtime laws. If you are a non-exempt employee, and your employer did not pay your overtime wages for all the overtime hours you worked, then you have an Oregon unpaid overtime wage claim. Your Oregon overtime wage claim under Oregon wage and hour law would be for unpaid overtime wages, and an overtime civil penalty under Oregon overtime laws. The Oregon overtime civil penalty is equal to eight hours of wages for each day your employer is late paying your overtime wages. (The Oregon overtime civil penalty is limited to 30 days. For example: If your hourly rate were $14.00 per hour, the maximum amount of the Oregon overtime civil penalty is $3,360.00 ($14.00 * 8 * 30).

Oregon wage and hour laws may provide additional penalties
Often, employer who fail to pay all overtime wages due under Oregon overtime wage laws violate other wage and hour statutes.  For instance, the employer may not pay all minimum wages, or unlawfully deduct wages, or fail to include all hours worked.

In addition to any of these types of wage claims, overtime claims, or overtime penalties, if your employment has ended you may also be able to bring an Oregon Late Pay Wage Claim. An Oregon late pay wage claim could entitle you to penalty wages if wages remain due under Oregon laws. Late Pay penalty wages are calculated in the same manner as the Oregon overtime civil penalty. Thus, an employee earning $15.00 per hour employee could receive an additional $3,600 in penalty wages in an Oregon overtime wage claim lawsuit by adding an Oregon late pay wage claim to the case.

My employer required me to work off-the-clock.  Does this time count for an Oregon overtime wage claim?
Many employers attempt to avoid Oregon’s overtime laws by having employees “volunteer” to work extra time which is not recorded on the time cards or the time clock that the employer uses to calculate wages.  This time is often referred to as time that is worked “off-the-clock.”  Hours Worked. Common examples of off-the-clock work are:  (1) cashiers setting up or counting out their tills, or (2) clean-up of the work place after the business closes.  Employers often justify these actions as doing the manager a favor or we just can’t afford to pay for clean-up, however, in almost all situations, this time must be paid.  Where the employee works more than 40 hours in the work week, the time must be paid at the employee’s overtime rate.  This is true even if the employer has a “no overtime” policy. The employer cannot seek the benefits of the labor then not pay the wages. If this situation happened to you, you probably have an Oregon unpaid overtime wage claim.  Your Oregon overtime wage claim under Oregon wage and hour law would be for unpaid overtime wages, and an overtime civil penalty under Oregon overtime laws. The Oregon overtime civil penalty is equal to eight hours of wages for each day your employer is late paying your overtime wages. In a situation like this, where the employer plans on not paying the wages, the employee is usually due the maximum penalty of 30 days. At $10.00 per hour, the maximum Oregon overtime civil penalty is $2,400.00 ($10.00 * 8 * 30).  In addition to unpaid overtime wages and the overtime civil penalty, if your employment has ended, you may also be able to bring an Oregon Late Pay Wage Claim. This could entitle you to penalty wages which could be as much as the overtime civil penalty.  Finally, under Oregon’s wage laws, you could recover your costs and attorney fees essentially requiring the employer to pay your attorney fees to prosecute your wage and hour overtime claims.

My employer pays every two weeks and only pays overtime if I work more than 80 hours.  Do I have an Oregon overtime wage claim?
An employer is allowed to set pay periods.  Many employers pay in segments of time which are greater than one week.  However, under both the FLSA and Oregon’s overtime laws, an employer must pay overtime wages based upon the hours worked in a single work week.  For instance, if an employer pays every two weeks, and the employee works 50 hours in week one and 30 hours in week two, the employer must pay 70 hours at the employee’s regular rate, and 10 hours at the employee’s overtime rate.  If the employer fails to pay overtime in this manner, you probably have an Oregon unpaid overtime wage claim.  Your Oregon overtime wage claim would be for unpaid overtime wages, and an overtime civil penalty under Oregon overtime laws. The Oregon overtime civil penalty is equal to eight hours of wages for each day your employer is late paying your overtime wages. Here, the employee is usually due the maximum penalty of 30 days. At $10.00 per hour, the maximum Oregon overtime civil penalty is $2,400.00 ($10.00 * 8 * 30).  In addition to unpaid overtime wages and the overtime civil penalty, if your employment has ended, you may also be able to bring an Oregon Late Pay Wage Claim. Penalty wages could be as much as the overtime civil penalty.  Finally, under Oregon’s wage laws, you could recover your costs and attorney fees requiring the employer to pay your attorney fees incurred in recovering your unpaid overtime wages.

Oregon Wage Claim Attorneys.
The Oregon wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on Oregon overtime wage claim lawsuits. Our Oregon wage claim attorneys regularly prosecute Oregon overtime wage claim lawsuits for employees who are owed unpaid overtime wages. In addition to recovery of 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 Oregon overtime wage claim lawsuit. This allows the Oregon wage claim attorneys at Schuck Law, LLC to take most Oregon overtime wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our Oregon wage claim attorneys only get paid their attorney fees if they recover unpaid overtime wages or penalties for you.

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

Google By David Schuck