The Final Rule provides that the applicable region and minimum wage rate is determined as follows:
For employers with a fixed location and workers who report to that fixed location, the determination is pretty simple as the rule provides that if an employee performs more than 50% of his or her work in a pay period at the employer’s permanent fixed business location in Oregon, then the minimum wage rate is determined by the region in which that permanent fixed business location is located.
The same is true for an employee who makes deliveries as part of his or her job, so long as the employee begins and ends work at the employer’s permanent fixed business location. That is, the minimum wage rate is still determined by the region in which the business is located.
However, if an employee performs 50% or less of the work duties at the employer’s permanent fixed business location, then the employer must pay the minimum wage rate of the region in which the employee performs work. This might be the case for a landscaping or construction crew or other workers who are mostly at the job site and not at the employer’s permanent fixed business location.
But what about employees who perform work in more than one region? If an employee performs work in more than one region in a pay period, then the employer must either:
- Pay the applicable minimum wage rate for each hour worked in each region the employee worked AND maintain records of the locations in which the employee worked; or
- Pay the highest minimum wage rate for any region in which the employee worked for all hours in the pay period.
Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements. If this has been forwarded to you, and you would like to begin receiving Electronic Alerts directly, please email or call Traci Ray at 503-276-2115. Copyright ©2017 by Barran Liebman LLP.
Las Alertas electrónicas son escritas por abogados de Barran Liebman para sus clientes y amigos. Las Alertas no son proveídas como asesoramiento legal, sino solo como anuncios de leyes de empleo, leyes laborales y beneficios de empleo. Si esto ha sido remetido a usted y quisieras empezar a recibir las Alertas directamente, por favor mándanos un correo electrónico o llama a Traci Ray al 503-276-2115. Derechos de autor ©2017 por Barran Liebman LLP.