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YOUNG v. STATE OF OREGON

(CC 97C-10933; CA A114099 (Control), A113141, A113645; SC S51786).

133 P.3d 915 (2006)

340 Or. 401

David YOUNG, Petitioner on Review, and Larry D. Conn, Leonard J. Drung, Jess Eastman, Debra E. Fery, Bruce L. Fochtman, Lois G. Harris, Cheryl L. Ho, Lloyd Horsley, Wilfred Hudson, Mark A. Jones, Robert Jordan, David C. Judkins, David Kunz, Gordan J. Larson, Margaret J. Loftis, Judy Murray, Scott R. Proctor, Richard Reiter, Helen Satterlee, Ernest Schmidt, Marjorie J. West, James C. Wilson, Randal Windsor and Michael D. Woodward, Petitioners on Review, v. STATE of Oregon, Respondent on Review. David Young, Al Chandler, Mike Reinecke, Karen Eastman (Memory), Petitioners on Review, v. State of Oregon, Respondent on Review. David Young, Petitioner on Review, v. State of Oregon, Respondent on Review.

Supreme Court of Oregon.

Decided April 13, 2006.

Attorney(s) appearing for the Case

John E. Hoag, Eugene, argued the cause and filed the briefs for petitioners on review. With him on the petition for review was David Snyder, Portland.

Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Paul Breed, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association. With him on the brief was Beth Creighton, Portland.

Norman D. Malbin, Portland, filed the briefs for amicus curiae International Brotherhood of Electrical Workers, Local 48.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, and RIGGS, Justices.

RIGGS, J.

In this case, we must determine whether a wage and hour statute, former ORS 279.340(1) (1995), renumbered as ORS 653.268(1) (2005), required the state to pay "white-collar employees"1 one and one-half times their "regular rate" for overtime or whether that statute instead permitted the state to pay those employees one-half their regular rate for overtime (known as a "fluctuating

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