Ogletree Deakins: Oregon Bureau of Labor and Industries Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries | Practical Law

Ogletree Deakins: Oregon Bureau of Labor and Industries Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries | Practical Law

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. addresses recent changes by the Oregon Bureau of Labor and Industries (BOLI) to the interpretation of two of the state's overtime laws. Oregon Revised Statutes 653.261 provides that employees who work over 40 hours in one week must be paid at a weekly overtime rate of one-and-one-half times their regular hourly rate. Oregon Revised Statute 652.020 provides that certain manufacturing employees who work more than ten hours in a single day must be paid at a daily overtime rate of one-and-one-half times their regular hourly rate. BOLI traditionally advised employers that if an eligible employee exceeded both forty hours in a week and ten hours in a day, it should calculate both overtime rates and pay the employee the greater of the two. In December 2016, BOLI's commissioner changed the interpretation, stating that the two laws work independently from each other and that if an employee reached the number of hours to qualify for both weekly and daily overtime, he should be paid both amounts. BOLI will consider waivers (renewable on an annual basis) of the daily overtime requirement for employers in certain circumstances.

Ogletree Deakins: Oregon Bureau of Labor and Industries Updates Daily and Weekly Overtime Guidance for Manufacturers and Other Industries

by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
Law stated as at 26 Jan 2017Oregon
This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. addresses recent changes by the Oregon Bureau of Labor and Industries (BOLI) to the interpretation of two of the state's overtime laws. Oregon Revised Statutes 653.261 provides that employees who work over 40 hours in one week must be paid at a weekly overtime rate of one-and-one-half times their regular hourly rate. Oregon Revised Statute 652.020 provides that certain manufacturing employees who work more than ten hours in a single day must be paid at a daily overtime rate of one-and-one-half times their regular hourly rate. BOLI traditionally advised employers that if an eligible employee exceeded both forty hours in a week and ten hours in a day, it should calculate both overtime rates and pay the employee the greater of the two. In December 2016, BOLI's commissioner changed the interpretation, stating that the two laws work independently from each other and that if an employee reached the number of hours to qualify for both weekly and daily overtime, he should be paid both amounts. BOLI will consider waivers (renewable on an annual basis) of the daily overtime requirement for employers in certain circumstances.