Oregon Final Paycheck Laws (Late Pay Wage Claim)

Oregon wage and hour law dictates when the employee must be paid all their final wages (get his final paycheck). Below is a summary of Oregon final (last) paycheck laws and the relevant timelines they set for employers to pay final (last) paycheck. If your employer pays your final (last) paycheck late, Oregon final (last) paycheck laws provide for penalties which may attach in an Oregon wage claim lawsuit.  This wage law may be invoked in many situations. Examples of late final paychecks include, but are not limited to situations where:

1. The employer provides the final paycheck after the time due; and
2. The employer fails to pay for all hours worked.
3. The employer made unlawful deductions.
4. The employer fails to pay all overtime wages.
5. The employer fails to pay all minimum wages.

Thus, simply receiving a final (last) paycheck timely may not be sufficient for an employer to avoid liability in an Oregon late pay wage claim lawsuit. The final (last) paycheck provided must cover all wages that were due and owing at the time the employment ended. If all wages due are not included in the final (last) paycheck, then the employee has an unpaid wages claim and a late pay wage claim.

Penalty Wages Due in a Late Pay Wage Claim
In an Oregon late pay wage claim lawsuit alleging that the final (last) paycheck was not paid timely, the employee can recover penalty wages in addition to the unpaid wages. The penalty wages provided in Oregon’s wage and hour laws are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $15.00 per hour, the maximum amount of penalty wages equals $15.00 * 8 * 30 = $3,600.

When should I get my last paycheck after my employment in Oregon has ended?
Oregon wage and hour law, or final paycheck laws, set the time lines when an employer must give the employer their last paycheck. The timelines set by Oregon final paycheck laws depends upon how the employment ended. If you quit after providing the required notice, the last (final) paycheck must generally be given immediately. If you quit without giving the required notice, the last (final) paycheck must be paid the earlier of the next regular payday or five business days. Finally, if you were fired, the last (final) paycheck is due in one business day.

I was fired, when must my employer pay me my money or paycheck?
Oregon wage and hour law generally requires final (last) paycheck or wages to be paid one business day after your employer fires you.  After this time, Oregon law determines that your final paycheck is late.

I quit my employment, when must my employer pay my final wages or paycheck?
In Oregon, the wage and hour laws differentiate between whether you provided 48 hours’ notice. The 48 hour period does not include weekends and holidays.

1. If you gave 48 hours’ notice, then Oregon wage and hour law states that your final (last) paycheck or wages are generally due immediately.  After this time, Oregon law determines that your final paycheck is late.

2. If you did not give 48 hours’ notice, then Oregon wage and hour law states that your final (last) paycheck or wages are generally due 5 business days after you quit or the next payday, whichever is first.  After this time, Oregon law determines that your final paycheck is late.

What happens if my employer is late paying my final wages (paycheck)?
If your employer is late in paying all your wages within the time lines allowed under Oregon wage and hour law, you may be entitled to penalty wages in addition to the wages you earned. To determine what hours of work must be paid on your final paycheck, review our Oregon Hours Worked Page. The penalty wages provided in Oregon’s wage and hour laws are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $15.00 per hour, the maximum amount of penalty wages equals $15.00 * 8 * 30 = $3,600.

My Oregon boss owes me money and won’t pay my final paycheck, what can I do?
If your Oregon boss owes you money and fails to timely provide you with a last (final) paycheck paying those wages at the end of your employment, Oregon wage and hour law may entitle you to penalty wages in addition to the wages you earned. To determine what hours the employer was required to put in your last paycheck, look at our Oregon Hours Worked Page. The penalty wages are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $10.00 per hour, the maximum amount of penalty wages equals $10.00 * 8 * 30 = $2,400.

My Oregon boss was late in paying my final paycheck, what can I do?
If your Oregon boss was late in paying your final paycheck late, and/or did not pay your final paycheck, and/or did not include all wages in the final paycheck, Oregon late pay wage and hour law may entitle you to penalty wages in addition to the wages you earned. To determine what hours of work you are due check out our Oregon Hours Worked Page. The penalty wages are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $12.00 per hour, the maximum amount of penalty wages equals $12.00 * 8 * 30 = $2,880.

I worked off-the-clock, do I have a late pay wage claim?
If you performed work off-the-clock which was not paid by your employer and your employment has ended, you likely have a late pay wage claim. Thus, in addition to the unpaid off-the-clock work, you likely are due penalty wages for the late payment of final wages. The penalty wages are determined by how late the wages are paid. If the wages are paid more than 30 days, no additional penalty wages would be due.

My Oregon boss paid my final paycheck late, what can I do?
If your Oregon boss paid your paycheck late, Oregon law may entitle you to penalty wages in addition to the wages you earned. To determine what hours of work you are due check out our Oregon Hours Worked Page. The penalty wages are equal to eight hours of wages for each day your employer is late paying. The maximum penalty is 30 days. For example if the employee made $13.00 per hour, the maximum amount of penalty wages equals $13.00 * 8 * 30 = $3,120.

The relevant Oregon wage and hour statutes discussed above are ORS 652.140 and ORS 652.150 which may be found at the following link. Oregon Wage Statutes.

How do I get my final paycheck from my Oregon boss?
Even though Oregon has specific final (last) paycheck laws, some Oregon employers choose not to follow them. When your Oregon boss fails to give you a final (last) paycheck within the time lines required, you should immediately call the wage claim attorneys at Schuck Law. We can walk you through the process of getting your final (last) paycheck and getting the penalty wages you likely are entitled to.

Oregon Wage Claim Attorneys
The Oregon wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our Oregon wage claim attorneys regularly prosecute Oregon wage claim lawsuits for employees who were not timely paid their final wages. In addition to the claims for damages outlined above, an employee may also sue to recover their costs, disbursements, and attorney fees incurred in prosecution of the wage claim lawsuit. This allows the Oregon wage claim attorneys at Schuck Law, LLC to take most Oregon wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our Oregon wage claim attorneys only get paid their attorney fees if they recover wages or penalty wages for you.

Our Oregon wage claim attorneys (lawyers) prosecute wage claims and late final paycheck wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Grants Pass, Hillsboro, Portland, Hood River, Klamath Falls, Lake Oswego, Oregon City, Portland, Madras, McMinnville, Medford, Milwaukie, Portland, Newberg, Oregon City, Portland, Sandy, St. Helens, Portland, Tillamook, and West Linn.

Google By David Schuck