Your Rights Under Wage and Hour Laws in Oregon

Understanding your rights as a worker is essential. This guide explains key wage and hour laws in Oregon to help you know what you're entitled to, including minimum wage, overtime, breaks, and how to handle unpaid wages.

Who is covered by wage and hour laws?

These laws apply if you are an employee. They do not apply if you are:

• An independent contractor
• A partner in a business or firm
• A volunteer

Tip: Just because your employer says you're an independent contractor doesn't mean you are. Many people are misclassified as independent contractors. Learn more about employees vs. independent contractors on the Oregon Bureau of Labor & Industries (BOLI) website.

Oregon minimum wage

Your employer has to pay you Oregon's minimum wage. As of July 1, 2024, Oregon's minimum wage rates were:

• Portland metro area: $15.95/hour
• Standard counties: $14.70/hour
• Nonurban counties: $13.70/hour

These rates increase on July 1 each year. You can check your county's rate and the current minimum wage rates on the BOLI website.

The federal minimum wage is $7.25/hour, which hasn't changed since 2009. However, Oregon law takes precedence if your workplace is in Oregon.

Overtime pay

You're entitled to overtime pay if you work more than 40 hours in one week. Overtime pay equals 1.5 times your regular hourly rate.

• Example: If you earn $16/hour, your overtime rate is $24/hour.

Employers cannot give you "comp time" (extra paid time off) instead of paying for overtime.

Exemptions from minimum wage and overtime

Some workers are exempt from minimum wage and overtime rules, meaning these roles don't apply to them. Examples include:

• Salaried employees in executive, administrative, or professional roles
• Workers in "outside sales" roles
• Certain farmworkers and livestock employees.
• Casual babysitters and companions for elderly individuals.

Other workers may be exempt only from overtime, such as:

• Agricultural workers
• Long-haul truck drivers
• Taxi-cab drivers
• Salespeople at car, boat, or other dealerships
• Retail or service employees who earn most of their pay from commissions

For more information on exemptions, visit the BOLI website.

Special overtime rules for certain jobs

Some industries have unique overtime rules:

• Canneries, driers, and packing plants: Overtime applies after 10 hours a day.
• Manufacturing workers: Overtime applies after 10 hours/day or 40 hours/week, whichever is more favorable to the employee (unless the employees have a collective bargaining agreement that says something else).
• Police, firefighters, mine workers, and healthcare workers: Different laws may apply. Contact BOLI if you have questions about the laws that apply to your job. Call 971-245-3844 or email boli_help@boli.oregon.gov.

What counts as paid work time?

• Time at work: Employers must pay you for all time spent working, including:
  • Preparing for work (e.g., setting up a workstation or putting on safety gear)
  • Wrapping up work (e.g., cleaning your workspace)
  • Required training or meetings
  • Rest breaks
  • Meal breaks, but only if you work during your break
• On-call time: You're paid only for time spent actively working.
• Travel time: Commuting to work isn't paid, but job-related travel is.
• Sleeping time: Sleeping time counts as work if you work shifts under 24 hours. Up to 8 hours of sleep can be unpaid if agreed upon.

Breaks and meal periods

Oregon law guarantees:

• Rest breaks:
  • 10-minute paid break for every 2-6 hours worked.
• Meal periods:
  • 30-minute unpaid meal break for shifts longer than 6 hours.
  • If you must work during your meal, it becomes a paid break.

Breaks must be separate from meal periods.

Paydays and deductions

Employers must:

• Have regular paydays (e.g., weekly or monthly)
• Provide a clear statement of any deductions

Your employer can deduct taxes, meals, lodging, and other benefits from your paycheck. But you must agree to these deductions in writing. Your employer cannot deduct costs for uniforms, tools, breakage, or losses caused by you or other employees.

When you leave a job

Your employer must pay all wages they owe you when you leave:

• If you're fired: Your employer must pay all owed wages by the end of the next business day.
• If you quit with notice: Final pay is due on your last day if you provide at least 48 hours notice.
• If you quit without notice: You must be paid within five days or on the next regular payday, whichever comes first (excluding weekends and holidays).

If an employer doesn’t pay final wages on time, they may have to pay a penalty of up to eight times your daily wage for each day your wages remain unpaid for up to 30 days. 

You can learn more about your rights when you lose your job here.