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Husband not paid hourly; can his employer do this? Oregon

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  • Husband not paid hourly; can his employer do this? Oregon

    My husband works as a delivery driver for a laundry company in Portland. It is not a union job. He is paid $40 per day, plus a percentage of each delivery. He is not paid hourly.
    Is it legal for his employer to expect him to take the truck he uses to perform his job to DEQ and to be serviced mechanically? there is no real notice,
    and it is in addition to his traditional duties. It normally takes him about 10 hours to complete the loading and delivering, so this is in addition.
    it seems to me he is not being paid for these extras.
    Am I wrong?

  • #2
    Several questions.
    - What is DEQ?
    - Do the normal duties take the truck outside of the state?
    - And just to be sure, is your husband legally an employee? Are taxes withheld from the pay check and is a W2 issued at year end?

    Past that, federal law (FLSA) generally requires minimum wage and overtime (hours worked past 40 in the work week be paid) unless a specific exception is found. The payment method you describe does not by itself change those rules. One of the things you need to look at is to see if on a workweek basis, either MW or OT is being violated. If not, the company is legal. If an apparent MW or OT violation is occuring, then we need to take a harder look to see if a FLSA exception exists (which was the purpose of most of my questions).
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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