Christmas spirit doesn't obligate company to pay.

Byline: On the Job by Bureau of Labor & Industries For The Register-Guard

Q: On Dec. 24 at 11 a.m., our department manager came in and said "Merry Christmas" and told us all we could leave early for the day. At the time, we thought this was a great Christmas gift from the company, but we've just received our checks for the pay period and learned that they didn't pay us for the rest of that day. Aren't they legally required to pay us for the full day under these circumstances?

A: Not necessarily. If you and your co-workers are hourly or nonexempt employees, your employer is obligated to pay you only for the actual hours you worked on Dec. 24, even though it was the employer's decision to send you home early.

Since you apparently understood the manager's gesture to mean that you'd get the rest of the day off with pay, it's understandable that you're now viewing the action as more Grinchlike than generous. The manager certainly could have been clearer about what you were getting - the afternoon off as opposed to paid time off.

If the manager had specifically promised the day off with pay or if the company's policy manual or employee handbook guarantees you a full day's pay in the event of a shutdown, you would have a contract claim against your employer. But under Oregon wage laws, there's no minimum "show-up pay" required for adult employees who are sent home early.

If you or any of your co-workers were salaried, exempt employees, the answer would change. When an exempt employee works part of a day, Oregon and federal "salary basis" rules require the employer to pay the employee's full salary for the day.

Q: If we create an employee handbook, are we liable in any way if the Spanish-speaking employees don't have a translated version and may not understand the policies?

A: It's advisable, from a fairness perspective, to make your company policies and procedures known to all employees. And you'll be in a better position to defend against potential discrimination claims if you can show all employees had advance notice of your company rules. However, there's no Oregon law that requires you to translate your handbook into every language spoken by every employee.

If you have 50 or more employees in the United States, you're covered by the federal Family and Medical Leave Act, or FMLA. The FMLA not only requires employers to include basic family leave information in their employee handbooks, but also requires, where a significant portion of workers are not literate in English, that employers provide FMLA poster information in a language in which the employees are literate. Employers may purchase a "7-in-1" state and federal poster in English or Spanish at BOLI offices.

Q: If a salaried, exempt employee works part time or less, is he or she still subject to the regular minimum salary for exempt employees?

A: Yes. Regardless of an exempt employee's hours, an Oregon statute, ORS 653.010(10), requires private sector employers to pay exempt employees no less than the current minimum wage, multiplied by 2,080 hours per year, then divided by 12 months.

With the new 2003 minimum wage at $6.90, this translates to a minimum weekly salary of $276 for exempt employees - even for those who work part time. The minimum weekly salary had been at $260 since January 1999 based on Oregon's previous minimum hourly wage of $6.50.

(Note to readers: Here's a minor clarification on a recent column in which we mentioned ORS 25.424(3), an Oregon statute that prohibits employers from discriminating or retaliating in any way because an employee has had wages garnished. That statute only pertains to child support garnishments, but another statute, ORS 23.186(9), prohibits employers from terminating an employee because the employee's wages have been garnished - regardless of the type of garnishment involved.)

On The Job is written by attorney Dan Grinfas of the Oregon Bureau of Labor and Industries. The column answers questions about employment law. Contact BOLI at [phone], or BOLI, 800 N.E. Oregon St. No.32, Portland, OR 97232.