Can a consulting company charge the client for overtime ours worked for the client by one of the consulting companys employees but not pay the employee anything for the extra hours worked?

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Can a consulting company charge the client for overtime ours worked for the client by one of the consulting companys employees but not pay the employee anything for the extra hours worked?

state – Oregon
Exempt employee

Asked on August 28, 2019 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the employee is an hourly employee (i.e. not salaried), the employee must be paid for all hours worked, and overtime when appropriate (e.g. more than 40 hours in a week). However, if the employee is salaried, he or she only earns his or her weekly salary regardless of hours worked.
The consulting company can charge the client whatever the contract or agreement between them lets it charge. It is 100% irrelevant to what the employee is paid what the consulting company charges; the two things are not related.


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