2. Minimum wage laws protect all employees, whether or not they receive tips. It also features commonly asked questions and legislative updates.​, Updated for 2020, this handbook also provides essential information on new requirements under Oregon's Workplace Fairness Act as well as new pregnancy accommodations requirements. Employer are not required to provide rest periods to employees when all of the following conditions are met: Employers and employees’ bargaining representative may agree to meal and break period policies that deviate from those required by state law. Under federal and Oregon law, employees who work more than 40 hours a week are eligible for overtime. Search. WorldCat Home About WorldCat Help. What Changed on the Maryland Minimum Wage and Overtime Law Notice? Minimum Wage for Tipped Employees. ... contractors and subcontractors understand and … This is true whether they are full-time, part-time or a temporary back-up caregiver. Employers must pay prevailing wages for all covered occupations. Advanced Search Find a Library. Employers must count employee travel time as hours worked when employees are required to travel a substantial distance (meaning outside a 30-mile radius … With clear direction on how to determine eligibility, handle required notices and​ obtain supporting documentation, Leave Laws summarizes the administration of more than a dozen leave laws and provides a complete application guide to the Oregon Family Leave Act, the federal Family and Medical Leave Act and Oregon sick time law. Oregon employers must pay their nonexempt employees a minimum wage, which varies by region. Done correctly, documentation, discipline and discharge can keep your workplace on track while boosting morale and productivity. Most nonexempt employees must be paid at least one and one-half times their regular rate of pay for all hours worked in excess of 40 hours in a workweek. Find items in libraries near you. Oregon Bureau of Labor & Industries protects employment rights, advances employment opportunities, and ensures access to housing and public accommodations free from discrimination. Rule 839-020-0045(1). The FLSA applies to most employers and is enforced by the Department of Labor's (DOL) Wage and Hour Division (WHD). They also include child labor laws and meal and break laws. Reorganized for 2020, Wage & Hour Laws also provides employers with all the essentials for employers on: Specific legislative and regulatory updates cover changes to: All the applicable statutes and rules are cited in the text. The most well-known wage and hour laws are minimum wage laws and overtime laws. This includes paying them the state agricultural minimum wage (which here in Oregon is the same as the minimum wage – $8.80 per hour) and itemizing and recording any deductions for room and board or other items. Section 64c08 of the Department's Field Operations Handbook describes when the Department will not assert that an employment relationship exists for wage and hour law purposes. Resources: ORS 653.261; OAR 839-020-0050; OR Bureau of Labor FAQs: Meal and Rest Periods. At the same time, balancing ever changing legal obligations to protect workers, accommodate the personal needs of employees and run a healthy business can be daunting indeed. ​, Property Services / Janitorial Labor Contractors, Certified Payroll Reports for Labor Contractors. Although agricultural labor is excluded from the listed requirement of general application, a separate regulation requires a paid 10-minute rest period in each 4-hour period of agricultural employment. Tips may not be applied toward an employer's minimum wage obligations. This document was last revised in January 2021. notice and waiver issued by the commissioner of the Bureau of Labor and Industries, waiver request forms issued by the commissioner of the Bureau of Labor and Industries, OR Bureau of Labor FAQs: Meal and Rest Periods, If employees work seven (7) hours or less, the meal period must begin no earlier than the conclusion of the second hour worked and end no later than the commencement of the fifth hour of work, If employees work more than seven (7) hours, the first meal period must begin no earlier than the conclusion of the third hour worked and end no later than the commencement of the sixth hour of work. Oregon's overtime compensation requirements are similar to federal law, with limited exceptions. OAR 839-020-0050(6)(a). Payday Requirements. Wage and hour laws exist to protect workers from being exploited by their employers. Massachusetts employers must pay their employees a minimum wage unless they are exempt. Most states also have a department of labor (or equivalent) and an agency responsible for enforcing the state's wage and hour laws. At the state level, this year Oregon has passed several notable labor laws.. OAR 839-020-0050(8)(c), Either the employers or employees may revoke the meal period waivers by providing at least seven (7) days’ written notice to the other. Overtime Laws; Complete Labor Law Poster for $24.95 from www.LaborLawCenter.com, includes State, Federal, & OSHA posting requirements If this is your first visit, be sure to check out the FAQ by clicking the link above. Employers must provide meal periods to employees based on the number of hours they work as follows: OAR 839-020-0050(2)(a), OAR 839-021-0072(1). And that is where this handbook comes in. Information about Oregon jury duty leave laws may now be found on our Oregon Leave Laws page. Wage and hour laws are laws that govern the wages rates an employer can pay its employees and the hours for which an employer must compensate its employees. For purposes of meal and break period rules, work periods are the period between the time employees begin work and the time they end work. OAR 839-020-0050(9). Related topic covered on other pages include: Oregon labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1 1/2 times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. Revised and updated for 2021, Leave Laws also includes an all new appendix on handling leave triggered by COVID-19. Employment / Age Certification. Penalties for misclassifying employees can include back wages, civil penalty wages, back taxes, and interest on unpaid minimum wage, overtime, and taxes. All workers in Oregon have rights that protect you from being taken advantage of or discriminated against. OAR 839-021-0072(1) Employers must provide rest breaks as follows: Employees should allow employees to take their rest breaks in the middle of each four (4) hour segment, whenever possible. Tips and the costs of meals and lodging can be applied toward minimum wage obligations. The employees are 18 years of age or older; The employees work less than five hours in any period of 16 continuous hours; The employees are employed in a retail or service establishment, i.e., a place where goods and services are sold to the general public, not for resale; and. Employment laws can change at a moments notice. There is an industry practice or custom where employers provide. Disability Discrimination (ADA) Discrimination Laws. COVID-19 … The employers retain and keep available for inspection copies of the employees’ requests to waive their meal periods for as long as the employees work for the employers plus at least an additional six (6) months after the separation from employment; The employers provide the employees with reasonable opportunities to consume food during any work period of six (6) hours or more while continuing to work; The employers pay the employees for any and all meal periods during which the employees are not completely relieved of all duties; The employers do not require the employees to work longer than eight hours without receiving a 30-minute meal period during which the employees are relieved of all duties; The employers make and keep available for inspection accurate records of hours worked by each employee that clearly indicate whether or not the employee has received meal periods; The employers post notices provided by the commissioner of the Bureau of Labor and Industries regarding rest and meal periods in a conspicuous and accessible place where all employees can view it; and, The employers do not coerce employees to waive their right to meal periods. The employer’s overall financial resources. Generally, an employer must pay all employees covered by state and federal wage and hour laws the federal minimum wage (currently $7.25 an hour) or the state's minimum wage, whichever is higher. Employers will be considered to have coerced employees to sign meal period waivers if any of the following occur: Oregon labor laws require employers to provide employees 18 years of age and over with paid, uninterrupted 10-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. OR Admin. For employers that compel employees to falsify documents related to hours worked or compensation received, new legislation authorizes employees to seek private actions to recover damages and lost wages. It provides step-by-step directions for developing or updating company policies and employee handbooks and covers new law s and regulations. 2020-2021 Agriculture Poster, Commonly … The number of individuals employed at a particular worksite and their qualifications and ability to relieve other employees who are taking meal breaks. State: Oregon Revised Statute § 653.077 Federal: Break Time for Nursing Mothers Law Federal: Title VII of the Civil Rights Act Eligible Employees. OAR 839-020-0050(7), Public school districts, education service districts, or public charter schools may provide any person substituting for a regular teacher with the same rest and meal periods to which the regular teacher is entitled under any applicable law, employment contract, policy, or collective bargaining agreement. Getting effective dates current was the primary focus of this revision. Oregon laws protect workers and ensure that you are paid for the work you do. Employees who would like to take meal periods without revoking their signed wavier must request to take meal periods in writing at least 24 hours before they would like to take the meal periods. Many take effect January 1, 2018. (Employers in Portland and nonurban counties must pay a different rate; see the Oregon Bureau of Labor & Industries minimum wage rate summary for more information.) They include: Meal periods where employees are relieved of all duties are not included in the meaning of work period. Information about Oregon vacation leave laws may now be found on our Oregon Leave Laws page. Oregon minimum wage laws address the following situations regarding whether employee travel time must be counted as hours worked for purposes of its minimum wage and overtime requirements: 1. Oregon labor law covers a number of other employment issues such as overtime requirements, wage and hour laws, smoking in the workplace, child labor, military and family medical leave, etc. Employers must provide employees under the age of 18 with paid, uninterrupted 15-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. The employers request or require employees to sign a request to waive meal periods; The employers require employees to waive meal periods as a condition of employment at the time of hire or at any time while employed; The employers request or require any person, including another employee, to request or require employees to waive meal periods; or. Failure to pay overtime correctly is a common mistake with very expensive consequences if a former employee files a successful wage dispute with the state. Information about Oregon sick leave laws may now be found on our Oregon Leave Laws page. Information about Oregon holiday leave laws may now be found on our Oregon Leave Laws page. Oregon laws protect you at work. The minimum wage in Oregon is currently $11.00 as of January 2020. ​. If an employer chooses to provide severance benefits, it must comply with the terms of its established policy or employment contract. These rates include fringe benefit wages to encourage employers to purchase health insurance and other benefits for their workers. The effect of providing the meal period on worksite operations involving: the startup or shutdown of machinery in continuous-operation industrial processes; intermittent and unpredictable workflow not in the control of the employer or employee; the perishable nature of materials used on the job; and the safety and health of other employees, patients, clients or the public. Oregon law defines the term “wages” broadly to include overtime wages, commission payments and even fringe benefits. For more information on Oregon’s minimum wage laws, visit our Oregon Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. This 2020 revised handbook covers wage and hour regulations relating to both “non-employees” and “exempt employees” - one of the most fertile areas for employment law disputes and litigation. Which prevailing wage rate applies to this project? Currently, the federal minimum wage is $7.25 an hour. For the purpose of determining whether providing a meal period requires significant difficulty or expense, the following factors may be considered: Employers may also require employees, except those under the age of 18, to work through their meal periods or provide shorter meal periods if they show: Oregon labor laws allow employees to waive their right to take a meal period if the following requirements are met: Employees who have requested to waive their meal periods may at any time request to take a meal period without revoking the agreement to waive the meal periods generally. It has known security flaws and may not display all features of this and other websites. Employers do not need to count normal travel time commuting to and from home and work as hours worked. You can be held liable for the overtime w… Discrimination and harassment is unlawful, bad for business and just plain wrong. The Technical Assistance for Employers program offers a variety of publications for Oregon employers, supervisors, managers, and human resource professionals. Work schedules and overtime on prevailing wage projects, Protected classes under federal and Oregon Civil Rights laws, Expression of milk in the workplace requirements, Limitations on the Wage Security Fund claims and garnishable wages, Salary basis amounts for white collar exemptions​. Plus, if the sales employee can show that the company willfully failed to pay for the vacation time, she will likely be able recover a penalty wage equal to a full month’s worth of her salary, plus her attorney fees and costs associated with bringing the suit. ... States including Montana, Washington and Oregon require employers to pay tipped employees full state minimum wage before tips. Oregon’s current minimum wage depends on where employers’ employees work in the state. any period of one (1) hour or less, other than a designated meal period, during which the employees are relieved of all duties, meal periods where employees are paid because the employees not relieved of all duties for the duration of the meal periods. He also served as a judicial extern to the Honorable Ann Aiken and Mark … This handbook is the primary source for HUD real estate acquisition and relocation policy and procedures when implementing projects using funds from the Community Development Block Grant program. Author: William R. Dabney and Dora V. Lane, Holland & Hart LLP Summary. The law gets a bit trickier, however, if you earn tips. Child Labor Laws. Learn more about your rights at work, file a complaint, or ask a question. Oregon labor laws require employers to provide employees with at least one 30-minute unpaid and uninterrupted meal period when the work period is six (6) hours or greater. It provides clear guidance and criteria for determining which workers qualify as employees, contractors, or interns and which employees may be exempt from minimum wage and overtime regulations. If you didn’t receive the minimum wage, you can collect unpaid wages from your employer. Operations Handbook, which guides its own employees in the enforcement of wage and hour laws. Wage and hour laws : a handbook for Oregon employers.. [Oregon Bureau of Labor and Industries. This 2020 revised handbook covers wage and hour regulations relating to both “non-employees” and “exempt employees” - one of the most fertile areas for employment law disputes and litigation. Employers may not require or allow employees to add their rest periods meal periods or deduct the rest period from the beginning or end of the employees’ work periods to reduce the overall length of the work period. This handbook is an essential tool for crafting smart policies and practices that can greatly reduce an employer's liability and risk.​, Updated for 2020, this handbook also provides essential information on new requirements under Oregon's Workplace Fairness Act as well as new pregnancy accommodations requirements and a section on gender identity in the workplace.​. This comprehensive handbooks is an essential “go-to” guide for understanding how to correctly classify workers and apply wage and hour exemptions. Oregon's minimum wage is higher than current federal minimum wage of $7.25, so employers must pay the state minimum wage. Any employee who needs to express milk for her child, and works for an employer who employs 25 or more employees in the State of Oregon for each working day during each of 20 or more calendar workweeks in the year in which the rest periods are to be taken or … The Fair Labor Standards Act (FLSA) is the primary federal law governing wage and hour standards in private and public workplaces. Prepared By: Division of Communications Wage and Hour Division U.S. Department of Labor . Each section includes sample policies, and frequently asked questions. The employers retain and keep available to the commissioner a copy of the notice for the duration of the employee’s employment and for no less than six months after the termination date of the employee. It covers (among other topics): This handbook summarizes and explains state and federal wage collection, minimum wage, overtime and child labor laws. They failed to provide meal periods because there were unforeseeable equipment failures, acts of nature or other exceptional and unanticipated circumstances that only rarely and temporarily preclude them from allowing the employees to take meal periods. In these situations, employers must pay employees for the entire 30-minute meal period even if the employees were able to take a portion of it. The law contains certain protections for employees that prohibit employers from displacing any employee in order to hire … Employers must provide rest periods in addition to and taken separately from meal periods. Minimum Wage. Certain workers with disabilities, student workers and others may be paid less than the minimum wage. Employees are entitled to earn the full minimum wage per hour as set by federal or state law. For more information about Oregon Labor Law you can contact Oregon’s Bureau of Labor and Industries located in Portland, OR. However, the costs of meals and lodging may be applied toward an employer's minimum wage obligations See Credit for Meals and Lodging. Youth Minimum Wage: The 1996 Amendments to the FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment by their employer. Nevada has two basic overtime law requirements: (1) daily for hours worked over eight in a 24-hour period, and (2) weekly for hours worked over 40 in a workweek. Theoretically, employers may schedule employees to work seven days a week, 24 hours per day, so long as minimum wage and overtime laws are observed. Mass Layoffs (WARN) Meals and Breaks. If employers require employees to work at any time during meal periods, they must pay the employees for the entire 30-minute periods. It provides tips, resources and guidance on every aspect of the hiring decision, including: 2020 Documentation, Discipline & Discharge: Effective management – and ultimately the success of any organization – rests on the ability of supervisors to communicate and enforce performance standards and employer policies. Order any of our publications ONLINE at the Household employees are generally considered non-exempt, which means they are entitled to time-and-a-half for all hours over 40 in a 7-day workweek. Fair Labor Standards Act (FLSA) Family/Medical Leave (FMLA) Health and Safety (OSHA) Labor Laws (NLRA) Leave Laws. Oregon labor laws require employers to provide employees 18 years of age and over with paid, uninterrupted 10-minute rest breaks for every four (4) hour segment or major portion thereof that they work in a work period. For purposes of the meal period requirements, undue hardship means significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the employer’s business. Oregon employees are entitled to a minimum wage of $11.25 per hour in 2020. Oregon labor law places the burden on employers to show that they provided the required rest periods. See Minimum Wage. If you do not have a mail receptacle, please use a PO Box as your mailing address. Employers must allow employees to take their meal periods according to the following time requirements: Except for employees who are under the age of 18, employers may require employees to work through their meal periods if they show that to do so would impose an undue hardship on the employers’ operations and they comply with the requirements listed below. There are also daily and weekly limitations on the hours minors (employees under 18) can work. Regular … You get breaks and meal periods to rest during your shift, and sick time to care for yourself and your loved ones when you need it. Prevailing wage rate laws ensure local participation and community established pay standards on publicly funded projects. Overtime Thresholds; Wage & Hour Update; Discrimination & LGBTQ Rights; 2021 Oregon Developments; Handbook Changes You Need to Make; Top Reasonable Accommodation Mistakes HR Pros Make 11:15 - 12:15, Laurie Grenya. OR Bureau of Labor FAQs: Overtime. You may have to register before you can post: click the register link above to proceed. The employees sign forms requesting to waive meal periods prior to being employed for seven (7) calendar days. The total number of persons employed by the employer. All applicable statutes and rules are cited in the text. Specific Wage and Hour Laws Requirements by State: California requires a minimum hourly wage of $13 for employers with 26 employees or more. For the current minimum wage in Oregon, see our article on Oregon wage and hour laws. Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah; Vermont Virginia Washington West Virginia Wisconsin ... Retail Employees Handbook Statement [8+ Employees]: Massachusetts. The Wage and Hour Division of the U.S. Department of Labor determines prevailing wage rates to be paid on federally funded or assisted construction projects. Manufacturing employees are limited to 13 hours of work in a 24-hour period. See Minimum Wage. The number, type, and geographic separateness of the employer’s worksites. States including Iowa, Pennsylvania and Idaho require employers to pay tipped employees a minimum cash wage … Overtime. TA's Leave Laws handbook provides Oregon employers with an indispensable roadmap to the various requirements for providing protected time off to employees. ​Tabbed and spiral bound for ease of use, Leave Laws includes answers to frequently asked questions and a comprehensive index. Please note that the carrier used to ship the publications is USPS. While the federal government has rules for what hours an employee can work and the minimum amount he or she must be compensated for that work, each state also has its own wage and hour laws. Sign up for Employment Law Handbook’s free email updates to stay informed. Create lists, bibliographies and reviews: or Search WorldCat. OAR 839-020-0050(8)(b). Specific topics include: All applicable statutes and rules are cited in the text. Your browser is out-of-date! Learn how. Reorganized and updated for 2020, Documentation, Discipline & Discharge is your essential guide for navigating possibly the most commonly litigated workplace disputes.​. Oregon passed several employment bills this year that will affect Oregon employers. Oregon labor laws do not require employers to provide employees with severance benefits. 2020 Legal Hiring Practices Handbook $39.00 Handbooks ... 2020-2021 Commonly Required Postings in Oregon Poster. BOLI E-Commerce Storefront. The State removed the expired minimum wage rates (those from 2014 /2015) and updated Prince George’s County and Montgomery County’s minimum wage rate effective dates: July 1, 2016, for Montgomery County and October 1, 2016, for Prince George’s County. See Tip Credit and Credit for Meals and Lodging. Technical Assistance Unit,;] Home. Laws set the minimum wage, protect breaks, give you overtime pay, provide sick time, and more. For more information on Oregon’s minimum wage laws, visit our Oregon Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages. Under Oregon law, farm “interns” are considered employees and the farm employer must treat them accordingly. Search for Library Items Search for Lists Search for Contacts Search for a Library. See Basic Overtime Requirements. In this book, we discuss the process of communicating and enforcing your organization's policies so that you will have the tools to address performance issues while minimizing litigation risk. Civil Rights Laws is your practical guide to navigating state and federal laws around employment discrimination, harassment and workplace accommodations. ... publishes a great … The Technical Assistance team works closely with the BOLI enforcement divisions to provide clear and comprehensive materials that cover the latest developments in employment law and best practices. See Tip Credit. The employer’s cost of complying with the meal period requirements. 2020 Wage and Hour Laws Handbook $50.00 Handbooks 2020 Legal Hiring Practices Handbook. Information about Oregon voting leave laws may now be found on our Oregon Leave Laws page. (See also OAR 839-020-0051 Rest Periods for Expression of Milk). The employees are employed to serve food or beverages, receives tips, and reports the tips to their employers; The employees are at least 18 years of age; The employees voluntarily request to waive their meal periods after having worked for the employers no less than seven (7) calendar days; The employees request to waive their meal periods using. To start viewing messages, select the forum that you want to visit from the selection below. Employee Handbooks is a practical policy writing guide for employers. Updated statement and guidance to reflect decrease in holiday premium rate ... HR and legal considerations for employers regarding federal and state wage … … Applicable statutes and rules are cited in the text. OAR 839-020-0050(11). Penalties for misclassifying employees can include back wages, civil penalty wages, back taxes, and interest on unpaid minimum wage, overtime, and taxes. Oregon minimum wage laws allow employers to pay student learners a subminimum wage rate that is less than 75 percent of the standard minimum wage if the student learners are receiving instruction in an accredited school, college, or university and who is employed on a part-time basis pursuant to a bona fide professional training program. See FLSA: Overtime for more information regarding overtime requirements. Terms of its established policy or employment contract defines the term “ wages ” broadly to include overtime,. Requirements for providing protected time off to employees Handbook, which varies region... Guide for navigating possibly the most Commonly litigated workplace disputes.​ Leave laws page all features of this revision as... Including Montana, Washington and Oregon law defines the term “ wages ” broadly to include wages! 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Section includes sample policies, and more law defines the term “ wages ” to... More than 40 hours a week are eligible for overtime, see our article on Oregon wage and hour U.S.! Is your practical guide to navigating state and federal laws around employment discrimination harassment... Unless they are full-time, part-time or a temporary back-up caregiver for Library Items Search for a.. Policy or employment contract separately from meal periods, they must pay prevailing for! This revision employers allow the employees sign forms requesting to waive meal periods prior to employed!, select the forum that you want to visit from the selection below an essential “ go-to ” for! Laws protect workers and ensure that you are paid for the current minimum wage before tips link to... Entitled to time-and-a-half for all hours over 40 in a 24-hour period employees a minimum wage is 7.25! Sample policies, and more reviews: or Search WorldCat and even fringe benefits are limited to 13 of... A 7-day workweek our Oregon Leave laws may now be found on our Oregon Leave laws.... The carrier used to ship the publications is USPS questions and a comprehensive index ( see also OAR 839-020-0051 periods.