Is it legal for an in-home care company to not pay overtime for hours worked over 40 per week?

Asked on September 29, 2015 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming, as is very likely, that you are an hourly employee, then you must be paid for all hours worked and paid overtime when you work mor than 40 hours in a week. If you are salaried but non-exempt, then if you work more than 40 hours, you must receive additional compensation--i.e. overtime--even though salaried. Only if you are an exempt salaried employee, which is unlikely unless you are a manager or executive of the company, or an administrative person with considerable discretion/authority, is there no obligation to pay overtime. But if you are not exempt--i.e. hourly or salaried non-exempt--then a failure to pay overtime is a violation of the wage and hour laws e.g. the Fair Labor Standards Act, or FLSA and the worker could sue for the money or file a complaint with the labor department state or federal. 
To see if a worker or employee is exempt or not, you can look on the U.S. Department of Labor website and compare the employee's job to the different criteria to be considered exempt.

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