Oregon Exempt vs. Non-Exempt Employees: What Workers Need to Know
Learn how Oregon’s exempt vs. non-exempt employee rules impact your overtime rights and what to do if you’re misclassified or underpaid.
Many violations of the law and dangers to public health and safety go unreported because employees who are aware of them are afraid of retaliation. Because an employee’s livelihood is dependent on their job, the fear of losing income is serious and often justified.
Whenever the law provides a remedy for victims of retaliation it encourages employees to come forward with evidence that will make our world safer and more just.
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity such as making a report or opposing unlawful employment practices. Retaliation can include any negative job action such as demotion, discipline, firing, salary reduction, or job shift or reassignment.
Retaliation can also be more subtle. As long as the employer’s adverse action would deter a reasonable person in the situation from making a complaint, it constitutes illegal retaliation.
To establish a retaliation claim, employees typically must prove three key elements:
The timing of retaliation claims is crucial. In Oregon, employees generally have one year from the date of the retaliatory action to file a complaint with the Bureau of Labor and Industries (BOLI), though federal claims may have different deadlines.
Employees should document all incidents, including dates, witnesses, and any communications related to their protected activity and subsequent treatment.
Meyer Employment Law represents clients in employment retaliation cases throughout the state of Oregon. Federal and Oregon laws protect employees from retaliation when employees complain—either internally or to an outside body like the Equal Employment Opportunity Commission (EEOC), the Bureau of Labor and Industries (BOLI), the Occupational Health and Safety Commission (OSHA), and other governmental organizations—about workplace discrimination, harassment, or safety concerns.
A report does not have to be substantiated for the employee to be protected from retaliation. Usually, the worker must simply have a good faith belief when reporting a violation of law or unsafe working conditions.
Protected activities extend beyond formal complaints to government agencies. Internal reports to supervisors, human resources, or compliance departments also qualify for protection. Even participating in investigations, serving as a witness in discrimination cases, or refusing to participate in discriminatory practices can trigger retaliation protection.
Federal and Oregon laws entitle employees to a safe workplace. Employers must keep the workplace free of known health and safety hazards. Employees have the right to speak up about hazards without fear of retaliation. Employees may report to any person, orally or in writing, any information they believe in good faith to be a violation of the law.
Oregon’s whistleblower laws provide additional layers of protection for employees who report violations of law, misuse of public funds, or substantial and specific dangers to public health and safety. These protections extend to both public and private sector employees and can cover reports made internally or to external agencies.
If an employer has punished an employee because they are concerned about safety or health conditions where they work, that is retaliation and it is against the law. Under the Oregon Safe Employment Act, employers cannot punish employees for being concerned.
If you have been subject to retaliation by your employer, please contact our office to inquire about a free consultation. We would be happy to discuss your situation.
Successful retaliation claims can result in various forms of relief, including:
Our attorneys at Meyer Employment Law can assist you with employment retaliation claims in Oregon, including cases where an employer has terminated you, demoted you, or otherwise taken adverse action against you for the following:
Beyond the activities listed above, Oregon law also protects employees who:
If you believe you’re experiencing workplace retaliation:
Retaliation isn’t always obvious termination. Subtle forms include:
Have you experienced retaliation in the workplace? Do you have questions about retaliation? Allow an Oregon retaliation attorney to help. Contact us at Meyer Employment Law.
Learn how Oregon’s exempt vs. non-exempt employee rules impact your overtime rights and what to do if you’re misclassified or underpaid.
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