Oregon Salary Page
“Salary” generally means getting the same amount of pay each week or each pay period no matter how many hours an employee works that week. The salary must be a predetermined amount that does not vary based on the quantity or quality of work performed. For example, employee gets paid $800 per week no matter how many hours they work.
Generally a salaried employee cannot have his/her salary reduced based on the quality or quantity of their work. For example, if an employee gets a salary of $800 per week when he or she works 40 hours, an employer cannot pay the employee $600 when s/he works 30 hours (effectively paying the employee $20 per hour rather than a salary of $800 per week).
An employer who makes improper deductions to an employee’s salary may destroy the “salary basis” of pay and may make the employee nonexempt and entitled to overtime.
An employer will likely fail the salary test where the employee’s salary is subject to reduction. Thus, if an employer actually does dock employee salaries, or if there is a specific employment policy requiring reductions in salaries in specified situations, the employer may destroy the salary basis of pay making the employee entitled to overtime wages.
An employer may use a computer system which expresses the salary in hourly terms so long as the employee is in fact paid the salary amount and that salary is not subject to being docked based on the quality or quantity of work performed.
The salary basis pay requirement may not apply to all possible exemptions such as lawyers, doctors, computer professionals, or school teachers.
Wage Claim Attorneys
The lawyers at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the attorneys at Schuck Law, LLC to take most 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 wages for you.
The lawyers at Schuck Law, LLC regularly 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.
Google By David Schuck