in the state of Oregon, does a salary exclude all overtime?
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in the state of Oregon, does a salary exclude all overtime?
I work for a small agricultural LLC and all the employees are paid a salary
based on an hourly 40hr week at whatever pay per hour. example offered
11 an hour salary would be 11X40440 representing 40 hours at 11 dollars
an hour and X2 based on the 2 weeks, so the salary would be 880 every 2
weeks this pay though is always the same regardless of the hours put in
they are often extra I was wondering if the fact that it is a salary
makes us not qualify for overtime?
Asked on April 19, 2019 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
Being a salaried employee MAY make you exempt from (not qualify for) overtime. To be exempt from overtime, three conditions must be met:
1) You are paid an annual salary (same amount every pay period regardless of hours), not an hourly wage based on number of hours worked.
2) Your salary is at least $455 per week, or $23,660 per year.
3) Your job description, responsibilities, and authority meets the criteria for at least one of the overtime "exemptions" which you can find on the U.S. Dept. of Labor website, like the Administrative exemption or Executive (which should be called "managerial," since it applies to non-executive managers, too) exemption. Go to the website and compare your job to the several exemptions.
If all three conditions above are met, you are not paid overtime. If, however, even one of the conditions is not met (e.g. your salary is too low, or you don't meet at least one exemption), then you must be paid overtime (extra pay when working more than 40 hours per week) despite being salaried.
If you think you should be paid overtime, contact the state or federal dept. of labor to file a complaint.
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