The example provided by BOLI involves an employee that works 12 hours on Monday, 8 hours on Tuesday, 5 hours on Wednesday, 5 hours on Thursday, and 11 hours on Friday, for a total of 41 hours in the workweek. Under the revised guidance, the employee is entitled to four hours of overtime pay. Three of those hours based on the daily overtime worked on Monday and Friday, and one hour of weekly overtime, since the employee worked a total of 41 hours that week.
Labor Commissioner, Brad Avakian, submitted a declaration on behalf of the plaintiffs explaining BOLI’s position and attaching the new guidance. BOLI’s updated technical assistance on this issue can be found here.
BOLI is expected to apply its revised interpretation when enforcing overtime claims, and may expect employers to correct payments made over the prior two-year statute of limitations period. Even though the underlying case is still pending, employers should obtain legal advice to evaluate enforcement risks and potential liability, given BOLI’s issued guidance. Importantly, the Oregon legislature is currently working on revisions to the statute addressing the double payment issue. One of many questions left unanswered by the revised guidance is what happens if the employees are subject to a collective bargaining agreement that specifically addresses daily and weekly overtime, but prohibits pyramiding or double payment of overtime. Stay tuned for further developments on this issue.
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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.