Q. Our company manual doesn't address compensatory time off, but we have offered certain exempt managers an hour of comp time for every hour of overtime worked. Do we have to pay them for accrued comp time when we terminate them? In the past, we've paid comp time to some and not to others. Can we negotiate our own terms with each employee? —E.B., Oregon
A. Under Oregon law, a discharged employee's wages for hours worked, including comp time, must be paid no later than the end of the first business day after the discharge.
Regarding your second question, providing different compensation to different employees in the same job classification may lead to trouble under the Equal Pay Act and other discrimination laws. So if you provide different wages or benefits, have a legitimate nondiscriminatory reason, such as qualifications or seniority.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Consider disabled employee's request for accommodation--even if you think it's futile
- Avoid the joint-employer perils of hiring temporary workers
- EEOC sets stage for Title VII protection of transgender workers
- Ready to fire worker with poor attitude? Document examples before you deliver pink slip