Exemptions: Overtime & minimum wage - Oregon

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The following individuals are exempt for Oregon's minimum wage provisions: agricultural workers, domestics, those in executive, administrative or professional positions, outside sales people, taxi drivers, federal employees, domestics, and golf caddies.

In addition, the following individuals are exempt from Oregon's minimum wage and overtime provisions: resident manager of an adult foster home, and prison inmates.

Oregon specifies that an outside sales exempt employee cannot spent more than 30 percent of the workweek in duties which do not qualify for the exemption.

Oregon does not reference an exemption for computer employees, nor for “highly compensated employees” earning more than $107,432 per year, and may not recognize either category.

State

Contact

Oregon Bureau of Labor and Industries Wage and Hour Division

Regulations

Exemptions from Minimum Wage and Overtime
839-020-0150 Exemptions

http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_839/839_020.html

Chapter 653 — Minimum Wages; Employment Conditions; Minors

https://www.oregonlegislature.gov/bills_laws/ors/ors653.html

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees