Am I entitled to overtime pay as a salaried employee in Oregon?
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Am I entitled to overtime pay as a salaried employee in Oregon?
Im an executive sous chef for a restaurant in
Oregon with a staff of about 25 people. It is not
uncommon to work long shifts without breaks
or rest periods. But how much is too much? I
have been forced to work 10-14 hours a day, 7
days a week for as long as 2 months without a
single day off. Is this protected under overtime
pay for salary employees?
Asked on October 26, 2018 under Employment Labor Law, Oregon
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Whether or not you are entitled to overtime pay depends on whether or not you are an "exempt" or "non-exempt" employee. Making that determination is not always easy. A worker's job type/duties must meet 3 standards in order to be considered exempt. They are: (1) the employee must make more than $23,660 per year; (2) the employee must be treated as a salaried employee which means that they are routinely paid a set amount at a certain interval; and (3) the employee must engage in duties that are considered “white-collar” work, such as executive, professional and administrative duties. If this describes your job, then you are exempt from overtime law, so you are not entitled to be paid OT Further, with the exception of certain professions (e.g. truck drivers, airline pilots, certain medical personnel), an employee can be scheduled for as many hours/days in a row as ther employer decides.
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