BOLI Issues New Guidance Advising Manufacturers to Double Count Daily and Weekly Overtime

By Alexandra Shulman
February 1, 2017

In January, BOLI issued new guidance expanding the scope of overtime compensation owed to nonexempt employees who work in mills, factories, or manufacturing establishments.  The new guidance reverses BOLI's long-standing interpretation on this issue.

Under Oregon law, most nonexempt employees who work in mills, factories, and manufacturing establishments must be paid overtime for hours worked in excess of 10 in any day and hours worked in excess of 40 per week.  ORS 652.020ORS 653.261.  Until recently, BOLI advised manufacturers that "when employees who are entitled to daily overtime have worked more than 40 hours in the workweek and have also exceeded the maximum number of hours on one or more days, thereby earning daily overtime, the employer should calculate overtime hours worked on both the daily and weekly bases and pay the greater amount."  However, under the new guidance, BOLI states that covered employers must pay daily and weekly overtime compensation because "[t]he two statutes enact distinct overtime requirements and serve different purposes with respect to restrictions on hours worked by employees."

For example, if a manufacturing establishment employee works three daily overtime hours and one weekly overtime hour, under BOLI's previous interpretation of the overtime statutes, the employee should receive three hours of overtime compensation.  Under BOLI's new interpretation, the employee should receive four hours of overtime compensation.  Additional examples and information are available on BOLI's Technical Assistance website.

BOLI does not explain the reason for this sudden about-face, which is bound to catch many employers unaware.  In addition, the interpretation of the manufacturing overtime rule is currently being considered in a pending class action.  In light of these events, manufacturing companies in Oregon are well-advised to review their overtime practices with counsel.  Ater Wynne's employment group is available to assist with any questions on BOLI's new guidance.

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