Oregon Wrongful Deduction

What can my Oregon employer deduct from my wages? Generally, excluding taxes and lawful garnishments, Oregon wage and hour law forbids employers from taking any wage deductions (payroll deductions) without your prior written authorization. Some wage deductions (payroll deductions) that are exclusively for the employer’s benefit may not lawfully be deducted even with your written authorization. To track payroll deductions from employee’s wages, Oregon law requires employers to provide their employees with itemized wage statements on each payday. The wage statements, or check stubs, must show the amount and purpose of each payroll deduction. If your employer made an unlawful (illegal) payroll deduction from your wages, you have a wage claim lawsuit and are likely due additional damages, civil penalties, and/or penalty wages. See ORS 652.610(3) http://www.let.state.or.us/ors/652.html 

What are the potential damages for a wrongful deduction lawsuit?
The potential damages in a wrongful (illegal)deduction (payroll dedcution) lawsuit vary by the facts of the case. The unlawful payroll deduction may have violated more than one Oregon wage and hour law. Generally, under Oregon wage and hour law, if the employer made a wrongfull payroll deduction from wages, the employee likely is entitled to the payroll deducted wages, plus the greater of $200 or their actual damages.

Another Oregon wage and hour law that may have been violated by the wrongful (illegal) deduction (payroll deduction) is minimum wage. If the improper deduction drops the employee below the Oregon minimum wage, the employee likely due a civil penalty. (Oregon Minimum Wage Page). The civil penalty is equal to eight hours of wages for each day your employer failed to pay the deducted wages. (The penalty is limited to 30 days).

Another Oregon wage law that may have been violated by the wrongful (illegal) payroll deduction is overtime. If the illegal (wrongful) payroll deduction causes the employer not to pay all overtime wages, the employee is likely due a civil penalty. (Oregon Overtime Page). The civil penalty is equal to eight hours of wages for each day your employer failed to pay the deducted wages. (The penalty is limited to 30 days).

Another Oregon wage and hour law that may have been violated by the wrongful (illegal) payroll deduction is that the employer failed to timely pay all wages at the end of the employment. (Oregon Late Pay Page). If the employee is no longer employed, the employee may be due penalty wages for the employer’s failure to pay all wages at termination. Penalty wages are calculated my multiplying the regular hourly rate by 8 hours per day for a maximum of 30 days.

My employer deducts till shortages from my wages, is that legal?
Under Oregon wage and hour payroll deduction law, employers generally cannot payroll deduct wages for till shortages, gas pump overages, eat and run, shoplifting, or most other business expenses. These are a common employer errors which likely entitle you to unpaid wages, damages, and possibly civil penalty and penalty wages under Oregon Wage and hour law. (Damages).

 

What if my employer payroll deducts wages for health insurance, but does not pay my health insurance carrier?

Under Oregon wage and hour laws, the payroll deduction for health insurance is allowed only if you authorize it, and if your employer actually pays the health insurance. Otherwise it is likely a wrongful payroll deduction entitling you to unpaid wages, damages, and likely a civil penalty and/or penalty wages. (Damages).


My employer deducts “eat and run” or “dine and dash” from my wages, is that legal?
Under Oregon wage and hour law, employers generally cannot payroll deduct to cover when a customer fails to pay their food bill at a restaurant. Many employers unlawfully deduct for unpaid meal tickets from their employee server’s (waiters’ or waitresses’) wages. (Eat and run).  If your employer makes payroll dedcutions for eat and run or dine and dash situations from your wages, you likely have a good wrongful payroll deduction wage claim lawsuit.


My employer deducts gas over pumps from my wages, is that legal?
Under Oregon wage and hour law, employers generally cannot make a payroll deduction for gas over pumps. This also is a common employer error. If your employer maeks a payroll deduction for gas over pumps you likely are due wages, damages, and a civil penalty and/or penalty wages. (Damages).

What if my employer deducts wages for child support, but does not pay my child support?
The payroll deduction for child support is required by law.  Where an employer follows the law and deducts and pays the child support, there is no wrongful payroll deduction.  However, in Oregon, if your employer makes a payroll deduction for child support but does not pay the obligation, you likely have a claim for wages, damages, and a civil penalty and/or penalty wages. (Damages).

Wage Claim Attorneys.
The Oregon wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on Oregon wage claim lawsuits. Our Oregon wage claim attorneys regularly prosecute wrongful payroll deduction wage claim lawsuits for employees throughout Oregon. 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 Oregon unlawful payroll deduction wage claim lawsuit. This allows the Oregon wage claim attorneys at Schuck Law, LLC to take most Oregon wrongful payroll deduction 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, damages, or penalties for you.

The Oregon wage claim attorneys (lawyers) at Schuck Law, LLC prosecute Oregon wrongful payroll deduction wage claim lawsuits throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Portland, Grants Pass, Hillsboro, Hood River, Portland, Klamath Falls, Lincoln City, Portland, Madras, McMinnville, Portland, Medford, Portland, Sandy, St. Helens, Portland, and Tillamook.

GoogleBy David Schuck