What's New?
Instructions: A new version of our Overtime instructions are also available for 2023. We hope this document will be able to support you through your payroll process and answer any questions you may have regarding setting up, paying, and pro-rating Overtime and Overtime Premium in your Datatech software.
Overtime Hours: Overtime hours for some states have changed this year, so you may need to manually edit your Overtime Rules.
Prorate: We have also added a new weekly pro-rate feature that will allow you to pro-rate overtime to multiple growers.
Instructions Available in Spanish
The Overtime Rules window separates overtime hours for each day and overtime hours for the entire week.
Minimum Hours to Prorate is used for daily overtime prorate or prorating on the day that an employee surpasses the weekly overtime hours.
Minimum Hours to Prorate under the For the entire week… section applies to every day in the entire week, even if a particular day doesn’t have overtime.
If an employee works for multiple growers, Minimum Hours to Prorate for the entire week also distributes the Overtime to all of the growers worked throughout the week, instead of only the grower the employee was working for when they reached the Overtime limit.
You must manually update your Overtime Rules. Review the instructions we included in this article for assistance.
For Washington:
Beginning January 1, 2022: 55+ hours
Beginning January 1, 2023: 48+ hours
Beginning January 1, 2024: 40+ hours
For Oregon:
Beginning January 1, 2023: 55+ hours
Beginning January 1, 2025: 48+ hours
Beginning January 1, 2027: 40+ hours
From the Oregon Bureau of Labor & Industries:
Whether the hours worked in another state count toward the 55-hour threshold for payment of overtime in Oregon or Washington depends on several factors. First, it would depend on how the business is set up. For example, the answer may differ depending on whether your customer is a farm labor contractor or have different business entities.
Depending on how your customers’ businesses are set up, here are some of the questions our office will consider:
Where was the employment agreement made?
Where is the employer’s main location?
Does the employer have multiple work sites?
How much of the work is performed in Oregon?
Where are payments made to workers?
Who is supervising the workers?
With that said, since Oregon law, other state law, and federal law may apply, you may want to see which law will pay the employee the most and follow that calculation. The likely result is that by paying the highest amount among the three laws, then you would be following the strictest potential legal requirement.
Thank you.
We are offering a free Overtime 2023 Webinar on Tuesday, June 20, at 10:30 a.m. (PDT)
You will be able to submit questions you would like answered during this webinar and review common issues regarding:
- Overtime Setup & Calculation
- Prorating Overtime Premium for Multiple Growers
- Flat Sum and Production Bonus Overtime Premium
- and more.
Space is limited so please register now to get your spot.
OVERTIME 2023 WEBINAR