The university complies with wage and hour regulations as defined by federal and state laws, which establish standards for minimum wage, overtime, overtime exemption, meal and rest periods, among others. Refer to the following resoruces for complete guideline, including rules and repsonsibilities:
- Wages and the Fair Labor Standards Act provided by the Wage and Hour Division of the U.S. Department of Labor.
- Rights at Work Resource Guide provided by Oregon Bureau of Labor & Industries
Guidance and Resources
Human Resources provides the following guidance to assist employees and supervisors with navigating and complying with wage and hour laws.
The Fair Labor Standards Act requires employers to keep time and pay records for non-exempt employees. These employees are eligible for the overtime provisions of the Fair Labor Standards Act and must complete monthly time sheets to track all hours worked. Departments must utilize tools that allow for easy reporting of the hours worked, break and meal periods, and any time worked over 40 hours in a work week for non-exempt employees. These records need to be easily accessed and queried for reporting purposes.
Departments may use the sample hourly timesheet for time tracking and recordkeeping.
A work week means any 7 consecutive 24 hour period determined by the employer. The standard work week varies by department. It is usually Sunday or Monday as the starting date. The work week may be changed if the change is intended to be permanent and is not designed to evade the payment of overtime. Non-exempt employee need to be compensated for time worked. Any time worked outside of the employee’s standard work week of 40 hours will need to be compensated at 1.5 times the employee's usual hourly rate.
A work period is defined as the period between the time an employee begins work and the time the employee ends work, including all rest breaks and any period of one hour or less not designated as a meal period during which the employee is relieved of all duties.
Positions at the UO are determined to be eligible or ineligible for overtime compensation based on the Fair Labor Standards Act (FLSA). Human Resources is responsible for determining the overtime status for all staff positions.
- Eligible for overtime compensation of 1.5 times the regular rate for all hours over 40 in the workweek.
- The regular rate of pay includes basic pay plus nondiscretionary bonuses, shift premiums, production bonuses, and commissions.
- It does not include other supplemental earnings such as discretionary bonuses, employers’ contributions to benefit plans, pay for unworked hours, or small noncash gifts on special occasions (generally valued under $25).
- Should not work more than 40 hours in any work week without prior approval of their supervisor or department head. When overtime is unavoidable, it must be approved in advance by the employee’s supervisor, and should be managed as efficiently and economically as possible.
- The FLSA requires that overtime be paid on time worked, not time compensated. Therefore, no overtime need be paid on sick pay, holiday pay, vacation pay, jury duty pay, or similar compensation for unworked days.
- SEIU classsified employees should refer to their collective bargaining agreement for more information.
Exempt Employees are not eligible for overtime compensation.
- Refer to the Reference Guide to the Fair Labor Standards Act and the General Requirements for Exemptions provided by the U.S. Department of Labor for more information.
Time spent checking emails and answering phone calls outside of work hours is generally considered time worked under FLSA. As a result, employees should record and be paid for time spent engaging in this activity.
Meal and Rest Periods
Oregon law requires employers to provide paid rest periods and unpaid meal periods. Refer to the meal and rest period guidance for more information.
Compensation for non-exempt employees who travel on UO business follows state law and federal law and for classified employees, the requirements of their collective bargaining agreement (CBA). Refer to the travel time guidance for more information.