The state of Oregon does not explicitly allow or prohibit employers from testing their candidates and employees for drugs. An employee who must remain on call at the employer`s premises or so close to the employer that the employee cannot effectively use the time for his or her own needs works on call. An employee who is not obliged to stay on the employer`s premises, but is simply obliged to leave a message at the employee`s home or with company representatives where the employee can be contacted, does not work during on-call hours. You may need an employee to perform emergency off-site work after their shift. If the site is remote, such as outside a 30-mile radius, you should count the employee`s travel time as hours worked. You can reduce travel time by the number of hours it would normally take your employees to get to and from your location. Child care means that an employee is not working, but is immediately ready to intervene when contacted by the employer. Therefore, the person must stay in or near the workplace so that they cannot use the time for other purposes. You only have rights under federal and state payroll and labor laws if there is an employer-employee relationship. So if you are an independent contractor, a joint shareholder or a volunteer, these laws do not apply to you. Don`t assume you`re an independent contractor just because your employer says you are. Descriptions of the difference between employees and contractors can be found on the websites of the Department of Labor and the Oregon Bureau of Labor and Industries.

In general, Oregon employees receive no less than the minimum wage of $12.50 per hour in Portland`s urban growth limit, $11.25 per standard hour, and $11.00 per hour in non-urban counties (effective July 1, 2019) and will continue to increase annually through 2022. The federal minimum wage is only $7.25 per hour and has not increased since 2009 (as of September 2019). In addition, employers usually have to pay overtime at one and a half times your regular wage rate. If you work more than 40 hours per week, those extra hours are overtime. For example, if your regular rate of pay is $9 per hour, your overtime pay is $13.50 per hour for each hour of more than 40 hours worked per week. There is nothing in the law that allows private employers to give employees compensatory time, i.e. paid leave, instead of overtime. The minimum wage and overtime regulations do not apply to certain workers.

For example, salespeople who usually work outside their employer`s business premises (so-called « outside sales ») are not required to collect minimum wage or overtime. Some small-scale farm workers and livestock production employees are exempt from minimum wage and overtime pay. Some student employees are not included. Casual babysitters and companions of the elderly are excluded. In addition, « executive », « administrative » or « professional » employees are excluded. However, employees are not automatically exempt from minimum wage and overtime requirements. Some employees are only exempt from overtime rules under Oregon or federal law. For example, most agricultural workers do not need to receive overtime pay. As few as long-distance drivers, taxi drivers or newspaper carriers.

Dealers of automobiles, farm machinery, boats and aircraft dealers are exempt from overtime regulations. Domestic workers such as cooks and cleaners are exempt if they live in the households where they work. Also excluded are individual or service workers who receive more than 50% of their remuneration from commissions on the sale of goods or services (for a representative period of at least one month). Some employers have special overtime provisions. Canning plants, dryers and packing facilities must pay overtime for any work performed more than 10 hours per day. Most employers in the manufacturing sector must pay higher daily or weekly overtime if the employee works more than 10 hours per day and more than 40 hours per work week (unless otherwise provided by a collective agreement). Underground miners may not work more than eight hours in any 24-hour period. Police, firefighters and employees of hospitals, nursing homes and nursing homes have special overtime regulations. Contact the Bureau of Labor and Industries or the U.S.

Department of Labor for more detailed information. Information on how to contact these agencies can be found on the Employment Law page. On the other hand, if you just need to carry around a cell phone or leave a number where you can be reached, you can probably use the time effectively for your own purposes, despite some limitations. Your employer wouldn`t have to pay you for the time you have for an appeal. Oregon`s minimum wage laws require employers to count the time spent by workers waiting for work as hours worked for minimum wage and overtime requirements when employees are required to wait. Employees are forced to wait if they are under the control and direction of their employer and cannot effectively use the waiting period for their own purposes. These employees are considered to be on duty. Employers do not have to compensate employees for the waiting period when workers are waiting to be hired. In these situations, workers are informed by their employers that they are fully relieved of their duties, that they can leave the workplace and that they do not have to return for some time. In addition, the period during which employees are not on duty must be long enough for employees to use it effectively for their own purposes.

These employees are considered exempt. OR Administrator. Rules 839-020-0041(1)-(2). At the time of hiring, the bill requires affected employers to provide a « written estimate of the employee`s bona fide work schedule. » The estimate must indicate « the average number of hours the employee can expect to work in an average month. » The employer must also inform new employees if they can expect on-call shifts. Alternatively, employers and employees may agree that the employee is placed on a « voluntary availability list » to work overtime « to accommodate unexpected client needs or unexpected employee absences. » Employers must provide this estimate in good faith « at the time of hire ». Under Oregon Labor`s payroll laws, the last paychecks for laid-off or terminated employees are due before the end of the next business day. The bill also requires employers to inform employees in advance of their hours of work. The notice period must be at least 7 days from 1 July 2018, the notice period increases to 14 days on 1 July 2020. Schedules must be posted « in a clearly visible and accessible location » and include « all shifts and shifts » for the period of the work schedule.

The law gives employees the right to refuse shifts that are not included in this written schedule. The notice requirement does not apply to additional shifts that employees themselves request for work. Employees also have the right to request specific schedules, but employers are not required to comply with these requests. If sleep time is interrupted by a call to work, working time during a sleep interruption is counted as hours worked. If interruptions cause you not to receive at least five uninterrupted hours of continuous sleep, the total sleep period should be counted as hours worked. Ultimate Guide to Oregon Labor Law: Minimum Wage, Overtime, Break, Vacation, Hire, Fire, and Various Labor Laws. If you`re hiring employees to wait for work, you should think of work hours as work hours. An employee who is forced to wait is usually under the control and direction of his employer, which prevents him from using the time for his own tasks. Oregon labor law considers such a worker to be on duty. Please note that this guide was written in Q3 2022, so changes to labor laws that were incorporated later may not be included in this Oregon labor law guide. Understanding federal, state, and even local payroll laws in places like Portland is key to avoiding conflicts with employees and government.