Guide to the Minimum Wage in Oregon
If you are a worker in the state, you probably qualify to be paid at least minimum wage in OR. The minimum wage in Oregon applies to almost all employees. Understanding what state law says about the minimum wage in OR can make it easier to know whether your employer is violating the law. This guide will give you the basics on the minimum wage in Oregon for non-tipped and tipped employees, as well as a list of exemptions to minimum wage law. You'll also learn what to do if you suspect your employer of violating these laws.
Minimum Wage in Oregon for Non-Tipped Employees
Currently, the federal minimum wage is $7.25, but states are allowed to set individual higher minimum wage laws. The minimum wage in OR exceeds the federal minimum, and is currently set to $8.80 an hour. Employees of the federal government may have a lower wage than the minimum wage in Oregon, but must make at least the federal minimum wage.
Overtime pay must be paid at a rate of one and a half times the base rate of pay, for all non-exempt employees. This means that anyone who is earning the minimum wage in OR must be paid $13.20 for all overtime hours worked. The only employees who are exempt from overtime laws are those in an administrative, executive, or professional capacity, most of whom make significantly more than minimum wage, so minimum wage earners generally qualify for overtime pay.
Minimum Wage in Oregon for Tipped Employees
In many states, tipped employees are paid a significantly lower minimum wage than non-tipped ones. Some states pay tipped employees as little as $2.13 per hour. However, the minimum wage in OR applies equally to tipped and non-tipped employees alike. If you are a non-tipped employee, you must be given the full minimum wage in Oregon of $8.80 per hour, plus your tips. No “tip credit” is available for employers.
Exemptions to the Minimum Wage in Oregon
Very few workers are exempt from laws entitling them to the minimum wage in OR. If you are an outside salesperson who works for commissions, you may not be entitled to the minimum wage in Oregon, or overtime pay requirements for hours in excess of 40 per week. Many agricultural workers are also exempt from being paid the minimum wage in OR. If you are hiring a casual babysitter, you are not required to pay him or her the minimum wage in Oregon, although full-time nannies or regular childcare workers must be paid the full minimum.
Violation of Minimum Wage Laws
If you believe that your employer has not been properly paying employees at least the minimum wage in OR, you may be able to sue for back wages. Your employer is not allowed to retaliate against any employees for whistleblowing on a failure to pay the minimum wage. If you talk to an employment attorney, you can learn more about your legal options in your particular situation. It is often free to obtain an initial consultation with an employment attorney if your employer has not been paying you the minimum wage in Oregon.