State & Federal Laws Regarding Overtime in Oregon
A common area of wage dispute is payment in relation to overtime hours worked or allegedly worked. As an employee, if you have worked overtime hours, you can rightfully expect to receive the additional pay and higher hourly rate to which you are entitled. As an employer, you of course wish to protect yourself against false claims of overtime worked or the problem presented by employees working additional hours without authorization. These situations often require thorough investigation in order to determine exactly what occurred and to delineate the rights which must be specifically defended in each case. If you are faced with a dispute regarding overtime pay, a Portland employment lawyer can assist you in determining your best course of action for pursuing a positive resolution.
There are specific federal and state laws which govern when overtime rates must be paid. These apply depending on the number of hours worked in a specific period of time, with certain exceptions or requirements depending on additional circumstances. The federal Fair Labor Standards Act (FLSA) – which is the labor law that spells out the normal federal wage and hour rules – requires that an employee (who is not exempt from the regulations under the law) receive at least one and a half times their hourly pay for any time worked beyond 40 hours in a given week. FLSA also requires employers to keep detailed and accurate records about the time worked and wages earned by each employee, which is meant to help keep wage and overtime conflicts to a minimum.
Oregon’s state wage and hour laws also require employers to provide ‘time and a half’ overtime pay for employees who have worked over 40 hours in a week, but the state also provides other forms of protection for workers. For example, if a nonexempt employee’s workday lasts six or more hours, his or her employer is required to provide at least one meal period that lasts a minimum of 30 minutes. In addition, government agencies, hospitals, manufacturing plants and canneries are subject to their own unique rules. For example, while private companies are required to pay overtime to non-exempt employees, government agencies have the option to provide compensatory time off instead of extra payment. In addition, for individuals who work in non-farm canneries, driers, mills, packing plants, factories, or manufacturing establishments, the normal overtime calculations do not apply. Instead, overtime calculations begin for these employees after they have worked more than 10 hours in a day, no matter how many hours they total over the course of the week.
For your best chance at a just outcome to your case, you need legal representation with a solid grasp of the intricacies of the laws relating to overtime pay. These cover not only the amount to which an employee is entitled but also the timeliness of the actual payment. An experienced lawyer can guide you through much of the confusion and help you protect your rights.
Portland Employment Attorney – Providing Superior Legal Guidance
To have a seasoned team of legal professionals fighting by your side, talk to HKM Employment Attorneys. We understand that you are working hard for your pay or your profits and can’t afford to be denied the remuneration you have earned. As an employee, a claim settled in your favor can also include the payment of penalties and attorney’s fees and we will fight for the maximum amount available to you. For employers, we will work to protect you from an unfair finding so that you may simply carry on pursuing success with your business.
If you are involved in a dispute regarding overtime pay, contact a Portland employment law attorney.