My Pay Periods End On The 15th And 30th Of Each Month. Is It Correct To Pay Overtime When The Employee Works More Than 80 Hours In The Two-Week Pay Period?

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My Pay Periods End On The 15th And 30th Of Each Month. Is It Correct To Pay Overtime When The Employee Works More Than 80 Hours In The Two-Week Pay Period?

No. Your pay periods are irrelevant to the overtime calculation. Pay periods and workweeks frequently differ. Pay periods may be established for any period not exceeding 35 days, but overtime must be calculated based on a recurring, sevenday workweek. If a workweek overlaps two pay periods, pay any overtime due for that workweek at the end of the second pay period (when the total hours worked for the workweek are known). For example, if payday is on the 15th and the workweek ends on the 17th, the amount of overtime will not be known for that workweek until the following payday. In other words, pay the overtime on the 30th the regular payday for the period in which the workweek ends.

Other Oregon Labor and Employment FAQs

Q: What is the minimum wage in Oregon?
A: The Oregon minimum wage has been at $8.40 per hour.
Q: What Is The Federal Minimum Wage?
A: The current federal minimum wage is $5.15 per hour. A proposal to raise the federal minimum wage to $6.15 was defeated by the United States Senate in September of 1998.
Q: So Which Minimum Wage Am I Required To Pay My Employee -- The State Or The Federal?
A: When federal and state employment laws conflict, employers must apply whichever standard is most beneficial to the employee. Therefore, Oregon employers must pay the … More
Q: How Much Has The Minimum Wage Increased In Recent Years?
A: A recent minimum wage history: Federal State 01/01/81 $3.35 01/01/81 $3.10 01/01/86 $3.35 … More
Q: Can I Pay My New Employees A Training Wage Which Is Below The Minimum Wage?
A: No. Unlike federal law, Oregon law requires that employees receive at least minimum wage during all stages of employment. This includes any period of … More
Q: Can I Count An Employee's Tips Against The Minimum Wage?
A: No. Oregon law does not allow for tip credits. ORS 653.035(3)
Q: If I Hire Minors, Do I Need To Pay Them Minimum Wage?
A: Yes. The minimum wage laws apply to minors.
Q: If I Pay My Employee On A Commission, Does The Minimum Wage Law Still Apply?
A: Yes. Unless your employee falls into an exempt category, you must pay the employee at least minimum wage for all hours actually worked. This means that even with a … More
Q: My Employee Worked 42 Hours In The Five-Day Period From Thursday Through Monday. Is He Due Two Hours Of Overtime?
A: Not necessarily. The answer depends on the number of hours the employee worked during your workweek. A "workweek" is a regularly recurring period of seven consecutive … More
Q: For Purposes Of Calculating Overtime, How Is The
A: If the employee is paid on an hourly basis, that amount is the regular rate. The regular rate may not be less than the minimum wage. If the employee is paid a salary, … More