Oregon

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

Oregon minimum wage laws require employers to compensate employees for all hours worked. Hours worked is defined as all hours an employee is employed by and required to give to his or her employer and includes all time during which an employee is necessarily required to be on the employer’s premises, on duty, or at a prescribed workplace and all time the employee is suffered or permitted to work. Hours worked includes work time as defined in Oregon’s minimum wage law.

 

A ‘workweek’ is a regularly recurring period of seven consecutive 24-hour periods. It may begin on any day and hour the employer chooses as long as it repeats on a regular basis. The employer´s workweek is not necessarily the same as an individual employee´s work schedule. Pay periods may be established for any period not exceeding 35 days, but overtime must be calculated based on a recurring, seven-day workweek. If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period (when the total hours worked for the workweek are known). The required overtime pay is 1.5 times the hourly rate for hours worked in excess of 40 in a workweek. Overtime is calculated based on hours actually worked, and your employee worked only 35 hours during the workweek.

Overtime

Employees must be paid 1.5 times the regular rate of pay for any time worked over 40 hours a week or, for domestic workers residing in the home of the employer, over 44 hours a week.

Breaks

Paid rest periods of at least 10 minutes for adults (15 minutes for minors) must be provided during each four-hour work period or a major part of four hours worked. (There are narrow exceptions for adult employees working alone in retail/service establishments.) With the exception of certain tipped food and beverage service workers, meal and rest periods may not be waived or used to adjust working hours; however, meal and rest period provisions may be modified by the terms of a collective bargaining agreement.

Meal and rest breaks must be provided to employees for hours worked as follows:

      • For 2 hours or less: no meal or rest breaks;
      • From 2 hours 1 minute to 5 hours 59 minutes: no meal break, 1 rest break;
      • For 6 hours: 1 meal break, 1 rest break;
      • From 6 hours 1 minute to 10 hours: 1 meal break, 2 rest breaks;
      • From 10 hours 1 minute to 13 hours 59 minutes; 1 meal break, 3 rest breaks;
      • For 14 hours; 2 meal breaks, 3 rest breaks;
      • From 14 hours 1 minute to 18 hours; 2 meal breaks, 4 rest breaks;
      • From 18 hours 1 minute to 21 hours 59 minutes; 2 meal breaks, 5 rest breaks;
      • For 22 hours; 3 meal breaks, 5 rest breaks; and
      • From 22 hours 1 minute to 24 hours; 3 meal breaks, 6 rest breaks.

Breast Feeding Break

The employer shall provide the employee a 30-minute rest period to express milk during each 4-hour work period, or the major part of a four-hour work period, to be taken by the employee approximately in the middle of the work period. The employee shall if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. If the employer is required by law or contract to provide the employee with paid rest periods, the employer shall treat the rest periods used by the employee for expressing milk as paid rest periods, up to the amount of time the employer is required to provide as paid rest periods.

 

If an employee takes unpaid rest periods, the employer may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods. If the employee does not work to make up the amount of time used during the unpaid rest periods, the employer is not required to compensate the employee for that time.  An employer shall make reasonable efforts to provide a location, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk in private. The location may include, but is not limited to the employee’s work area if the work area meets the requirements or room connected to a public restroom, such as a lounge if the room allows the employee to express milk in private or a child care facility in close proximity to the employee’s work location where the employee can express milk in private.

An employer may allow an employee to temporarily change job duties if the employee’s regular job duties do not allow her to express milk. This applies only to an employer whose employee is expressing milk for her child 18 months of age or younger. This applies only to employers who employ 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 in the year immediately preceding the year in which the rest periods are to be taken.

Public Holidays

Overtime is generally required to be paid only after an employee works more than 40 hours in one week, regardless of whether or not a holiday occurs in the workweek. Holiday pay is subject to the policy of the employer.

Annual Leave

Vacation pay, holiday pay, bonuses, sick leave and severance pay are examples of wage agreements which may be made between employers and employees as a part of the employee´s total compensation. There is no requirement to offer these benefits. Your employer is, however, required to honor any established policy or agreement relating to the payment of benefits such as accrued vacation or severance pay upon termination. If you qualify for payment of benefits under the employer´s policy, you should be paid for these upon termination.

Minimum Wage

Effective July 1, 2018 the standard hourly minimum wage rate is $10.50 in the counties of Benton, Clackamas, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Multnomah, Polk, Tillamook, Wasco, Washington and Yamhill, except for the areas of such counties located within the urban growth boundary of a metropolitan service district.

 

The Portland metro hourly minimum wage rate is $12.00 and is scheduled to go up to $12.50 on June 1, 2019, in the areas located within the urban growth boundary of a metropolitan service district. The nonurban counties’ hourly minimum wage rate is $10.50 in the counties of Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa and Wheeler.

 

Effective July 1, 2018, Oregon’s hourly standard minimum wage is $10.75, its Portland metro minimum wage is $12.00 and its nonurban counties’ minimum wage is $10.50, a change from the standard minimum wage of $9.75, Portland metro minimum wage of $9.75 and nonurban counties’ minimum wage of $9.50 that was previously in effect.

Tips & Gratuities

No credit against the minimum wage is allowed for tips and gratuities.

Meal Breaks

Meal periods of not less than 30 minutes must be provided to non-exempt employees who work six or more hours in one work period. Ordinarily, employees are required to be relieved of all duties during the meal period. Under exceptional circumstances, however, the law allows an employee to perform duties during a meal period so long as they are paid. When that happens, the employer must pay the employee for the entire meal period.

 

Meal and rest breaks must be provided to employees for hours worked as follows:

    • For 2 hours or less: no meal or rest breaks;
    • From 2 hours 1 minute to 5 hours 59 minutes: no meal break, 1 rest break;
    • For 6 hours: 1 meal break, 1 rest break;
    • From 6 hours 1 minute to 10 hours: 1 meal break, 2 rest breaks;
    • From 10 hours 1 minute to 13 hours 59 minutes; 1 meal break, 3 rest breaks;
    • For 14 hours; 2 meal breaks, 3 rest breaks;
    • From 14 hours 1 minute to 18 hours; 2 meal breaks, 4 rest breaks;
    • From 18 hours 1 minute to 21 hours 59 minutes; 2 meal breaks, 5 rest breaks;
    • For 22 hours; 3 meal breaks, 5 rest breaks; and
    • From 22 hours 1 minute to 24 hours; 3 meal breaks, 6 rest breaks.

Special Leave

Sick Leave

Employees are entitled to use sick time for the following purposes:

      • To care for the employee or the employee’s family member with a mental or physical illness, injury, or health condition, need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition, or need for preventive medical care; or
      • To care for an infant or newly adopted child under 18 years of age, or for a newly placed foster child under 18 years of age, or for an adopted or foster child older than 18 years of age if the child is incapable of self-care because of a mental or physical disability, completed within 12 months after birth or placement of the child; or
      • To recover from or seek treatment for a health condition of the employee that renders the employee unable to perform at least one of the essential functions of the employee’s regular position; or
      • Absences associated with the death of a family member for Attending the funeral or alternative to a funeral of the family member; or
      • Absences related to domestic violence, harassment, sexual assault or stalking; or
      • In the event of a public health emergency; or
      • To donate accrued sick time to another employee if the other employee uses the donated sick time for an authorized purpose and the employer has a policy that allows an employee to donate sick time to a co-worker.
Effective January 1, 2018, if employees work full-time throughout the course of a year, they will likely have worked enough to accrue almost 70 hours of sick time. Employers are only required to allow employees to use 40 hours in a year, however. The law was amended in 2017 to make clear that an employer may limit the number of paid sick time hours an employee may accrue to 40 hours per year. Employers may also limit carry-over of unused sick time from one year to the next to up to 40 hours a year and cap total accrual balances to 80 hours.
 
Effective January 1, 2016, employers with at least 10 employees working in Oregon must implement a sick leave policy that allows eligible employees to accrue at least one hour of paid sick leave for every 30 hours worked or 1-1/3 hours for every 40 hours worked. Employers can limit this accrual to 40 hours of paid sick leave per year. Employers with fewer than 10 employees working in the state must implement a sick leave policy that allows eligible employees to accrue at least one hour of unpaid sick leave for every 30 hours worked or 1-1/3 hours for every 40 hours worked. Employers can limit this accrual to 40 hours of unpaid sick leave per year. Year means any consecutive 12-month period, such as a calendar, tax, fiscal, or contract year or the 12-month period beginning on employees’ anniversary date.
Family Leave

Both state and federal law requires certain employers to provide family leave to their employees; the Oregon Family Leave Act (OFLA) and the Oregon Military Family Leave Act (OMFLA) and the federal Family and Medical Leave Act of 1993 (FMLA). To be eligible for OFLA parental leave only, employees must be on the job at least 180 days. For all other OFLA leave benefits, workers must be employed at least 180 days and also work at least an average of 25 hours a week during the 180 days before leave begins. OMFLA requires covered employers to grant leave to employees who have worked an average of at least 20 hours per week, but the law does not specify a period of time for applying the average, nor does it require any particular length of service as do OFLA (180 days) and FMLA (12 months). To be eligible for FMLA leave, an employee must have worked for a covered employer for at least 12 months (not necessarily consecutive) and during the 12 months immediately preceding the leave must have worked at least 1,250 hours. Also, the employer must have 50 employees within a 75-mile radius of the employee’s worksite for the employee to be FMLA eligible.

 

Although there are a few exceptions, OFLA and FMLA generally provide 12 weeks of unpaid leave per year and OMFLA provides for 14 days of unpaid leave per deployment for the following purposes:

      • For the birth, adoption or foster care placement of a child (parental leave); or
      • To care for a family member with a serious health condition or the employee´s own serious health condition (serious health condition leave); or
      • For pregnancy disability or prenatal care (pregnancy disability leave); or
      • To care for a sick child who does not have a serious health condition, but requires home care, known as sick child leave (OFLA only); or
      • To care for a seriously ill or injured service member or veteran (26 weeks) (FMLA only); or
      • Because of a “qualifying exigency” arising out of a family member being on or called to active military duty (FMLA only); or
      • Because of a spouse or same-gender domestic partner being called to or on leave from active military duty (OMFLA only); or
Oregon Military Family Leave

The Oregon Military Family Leave Act (OMFLA) requires that an employer provide up to 14 days of leave to an employee who is the spouse or same-sex domestic partner of a member of the military forces that are on active duty. OMFLA also makes failure to grant such leave or discriminating against a spouse for requesting or taking such a leave, an unlawful employment practice. During a period of military conflict, an employee who is a spouse of a member of the Armed Forces of the United States, the National Guard, or the military reserve forces, who has been notified of:

      • An impending call or order to active duty, or
      • Impending leave from deployment is entitled to a total of 14 days of unpaid leave per deployment before deployment and/or during leave from deployment.

An employee who intends to take leave must provide the employer with notice of their intention within five business days of receiving official notice of an impending call or order to active duty or of a leave from deployment.

Jury Duty Leave

Some employers do offer regular pay as if an employee is working as a benefit when the employee leaves work under a summons to serve on jury duty in order to encourage their employees to fulfill an important societal obligation. Wage and hour law require an hourly employee or non-exempt employee be paid for all hours worked. When an employee takes leave to serve as a juror, the employer is not required to pay the employee for hours not worked. However, under wage and hour law there are different requirements for exempt salaried employees. In order for these employees to remain exempt, they must receive their full salary for any workweek in which work is performed. Absence for jury duty is not one of the specific reasons for which an employer may reduce an exempt employee’s salary.

 

Employers should note that while they may not make salary deductions for absences of a salaried exempt employee caused by jury duty, the employer may offset any amounts received by an employee as jury fees for a particular week against the salary due for that particular week without loss of the exemption. Employers are also prohibited from requiring hourly or salaried exempt employees use vacation leave, sick leave or other annual leave for time spent in responding to the jury summons.

Leave of Absence for Volunteers

Upon request of an employee who is a volunteer firefighter of a rural fire protection district or a firefighter employed by a city or a private firefighting service to perform service, the employee, upon written notice by the employer, may be granted a leave of absence by the employer until release from such service permits the employee to resume the duties of employment. The regular employment position of an employee on leave of absence under this section shall be considered vacant only for the period of the leave of absence. The employee shall not be subject to removal or discharge from such position as a consequence of the leave of absence.

Leave for Search and Rescue Volunteers

Upon request of an employee who is a search and rescue volunteer accepted to participate in search and rescue activities by the sheriff, an employer may grant a leave of absence to the employee until release from the search and rescue activities permits the employee to resume the duties of employment. The regular employment position of an employee on leave of absence under this section is considered vacant only for the period of the leave of absence. The employee is not subject to removal or discharge from the position as a consequence of the leave of absence.

Bone Marrow Donor Leave

All public and private employees are entitled to paid leave that does not exceed the amount of already accrued paid leave or 40 work hours, whichever is less. §659A.312.

Last updated on: February 7th, 2019