Oregon Confirmation of Orally Accepted Employment Offer from Applicant to Company - Exempt or Nonexempt Positions
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How to fill out Confirmation Of Orally Accepted Employment Offer From Applicant To Company - Exempt Or Nonexempt Positions?
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FAQ
A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation. This means employers can't ask about your current salary on job applications or other written materials or ask you about your salary in an interview.
Giving References in Oregon Employment law in Oregon prohibits past employers from giving out any information that is not strictly job related such is how long you worked there and more. A past employer cannot give personal commentary about your work performance or anything else that might be a biased opinion.
The FLSA includes these job categories as exempt: professional, administrative, executive, outside sales, and computer-related. The details vary by state, but if an employee falls in the above categories, is salaried, and earns a minimum of $684 per week or $35,568 annually, then they are considered exempt.
Employers may confirm salary history only after making a conditional offer of employment, including an amount for compensation. This is a requirement connected to ensuring pay equity for all Oregon employees.
All salaried employees must be paid overtime unless they meet the test for exempt status as defined by federal and state laws. CAUTION: Misclassification of salaried employees as exempt creates liability for unpaid overtime. It is the employer´s burden to prove exempt status of employees.
Exempt positions are excluded from minimum wage, overtime regulations, and other rights and protections afforded nonexempt workers. Employers must pay a salary rather than an hourly wage for a position for it to be exempt.
Almost all Oregon employers are subject to the Fair Labor Standards Act (FLSA), and the minimum salary to qualify for exemption under that law is $684 per week or $35,568 annually (allowing up to 10% of the salary basis threshold to be met with nondiscretionary bonuses/incentives, including commissions, paid at least
Effective January 1, 2018, California law prohibits employers from seeking (on their own or through third parties) and relying on job applicants' past pay information as a factor to determine whether to give a person a job and payment terms of that job.
This law covers all employees who perform work in the state of Oregon. Can a potential employer still ask me for my preferred salary? Yes. They can ask you for your preferred salary, but can't require you to provide a history of past wages.
In order to qualify for exemptions under FLSA, employees must meet the criteria in three tests: a salary basis test, a salary level test, and a duties test.
