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Comp time, and overtime on salary

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  • Comp time, and overtime on salary

    This pertains to Oregon.


    I am salaried and work for a company that requires a minimum of 9 hours work each day, not including lunches. Recently I put in 14 hours above the 9 hours / day over a period of about 3 weeks. I asked for some comp time off and it was denied. The reason was their time clock program automatically subtracts 1/2 hour for lunch, whether or not you punch out on the clock. Many times we have to work through lunch. They said you can't take any comp time and they expect overtime above the 9 hours. Here are my questions:

    1. Can they actually require you to work 9 hours / day and make you sign a statement to that effect?

    2. Are there any laws about what is reasonle for salary iabn Oregon that prevents an employer from taking advantage of people unfairly?

    3. Is it legal to put in clock punches by default even though they never occured?

    Thank you in advance.

  • #2
    I'm going to assume that by salaried you mean exempt. The two are NOT synonymous.

    1.) Yes. You can be required to work as many hours as the employer wants you to work. This is true regardless of whether you are exempt or non-exempt, btw. The only differnce is that if you are non-exempt you have to be paid overtime if you work over 40 hours in a week.

    2.) No, not if you are talking about how many hours you can be required to work.

    3.) Yes. If you are exempt, you aren't legally entitled to overtime anyway so what difference does it make what's on the time card?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


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