Employee Entitled to Overtime Despite Promotion to Manager

In the case of Walker v. B & B Print Source, Inc., Arthur Wayne Walker filed a lawsuit against his former employer, B & B Print Source (B & B) for failure to pay him overtime compensation and timely wages upon termination.

Walker started working for B & B as a bindery operator and was later promoted to bindery manager. He was paid on an hourly basis initially but was switched to a salary due to his promotion. B & B argued that Walker’s primary duty was management, which made him exempt from overtime pay under the Fair Labor Standards Act (FLSA). B & B filed for a summary judgment in its favor.

The court considered factors such as the importance of exempt duties compared to non-exempt duties and the amount of time spent on each type of duty. The court concluded that Walker’s main value to the company was his experience and skills in operating bindery machinery, rather than his performance as a manager. The court also determined that Walker’s job duties remained the same despite his promotion to manager.

Ultimately, B & B’s motion for summary judgment was denied by the court.

Key lessons from this case:
  • Employees in Oregon who are paid on a salary basis may still be entitled to overtime pay if their primary duty is not exempt from overtime.
  • Employees who are promoted to a management position may not automatically be exempt from overtime pay.
  • A court will consider an employee’s job responsibilities instead of just looking at their job title.

If you want to know more about overtime regulations, read our guide on Oregon Overtime Laws.

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