Cannabis or marijuana dispensaries and Oregon’s wage and hour laws
Cannabis/marijuana dispensaries are unique companies in Oregon. Because Oregon has legalized cannabis/marijuana dispensaries, and these cannabis/marijuana business are illegal under federal law, some laws apply and some laws do not. This makes it hard for employees to understand their rights when it comes to determining what wages are owed.
Cannabis/marijuana dispensaries are generally required to pay minimum wages
Oregon cannabis/marijuana dispensaries must pay all employees minimum wages for all TIME WORKED. There are few exceptions to the payment of minimum wages in Oregon. Cashiers, budtenders, sales persons, or dispensers at a cannabis/marijuana dispensary who sell weed are entitled to minimum wages. Currently the minimum wage varies between $10.75 per hour and $12.00 depending upon your work location. MINIMUM WAGE PAGE. The minimum wage rates will increase on July 1, 2019. The new amounts will range from $11.25 to $12.50 per hour. When a cannabis/marijuana dispensary fails to pay minimum wages, the employee/budtender/cashier is due unpaid minimum wages, likely a civil penalty of several thousand, and their costs and attorney fees for prosecuting the case. MINIMUM WAGE PAGE. The minimum wage civil penalty is calculated at the relevant minimum wage rate, by 8 hours per day, times the number of days the cannabis employer is late in paying the minimum wages. The maximum minimum wage civil penalty is for 30 days.
Cannabis/marijuana dispensaries are generally required to pay overtime wages
Oregon cannabis/marijuana dispensaries must generally pay all employees overtime wages. Overtime wages are due where the cashiers, budtenders, sales persons, or dispensers at a cannabis/marijuana dispensary work more than 40 hours. OVERTIME PAGE. There are few exceptions to the payment of overtime wages in Oregon. For instance, location managers, who meet very specific criteria may be exempt from overtime wages. When an employee of a cannabis/marijuana dispensary works more than 40 hours in a single workweek, and the cannabis/marijuana company fails to pay overtime wages, the employee/budtender/cashier is likely due unpaid overtime wages, an overtime civil penalty of several thousand, and their costs and attorney fees for prosecuting the case. OVERTIME PAGE.
During employment, Cannabis/marijuana dispensaries are required to pay on payday
Oregon cannabis/marijuana dispensaries, must generally pay all wages to Oregon employees on payday. Oregon wage law also requires employers to establish paydays for the purpose of determining when all wages are due. Generally, the paydays established by cannabis/marijuana dispensaries must occur every month, or such shorter period chosen by the employer. This includes employees of cannabis/marijuana dispensaries like budtenders, cashiers, etc. Thus, all minimum wages, overtime wages, contract wages, or any other wage owed by the cannabis/marijuana dispensaries are due on the payday the employer establishes. ORS 652.120. When the cannabis/marijuana company fails to pay wages on payday, the employee has the right to sue to recover the unpaid wages, plus their costs and attorney fees, and likely civil penalties as discussed on this website.
Cannabis/marijuana dispensaries must provide paycheck stubs to employees
Oregon wage laws require that employers provide paycheck stubs to their employees. ORS 652.610. Oregon cannabis/marijuana dispensaries are also required to provide paycheck stubs under this law. It does not matter that the cannabis/marijuana employer pays its employees in cash, they must still provide their employees paycheck stubs. Paying cash also does not allow the cannabis/marijuana employer to round down wages for convenience, it must pay its employee all wages earned. The paycheck stubs must generally state who the employer is, how many hours worked, rates of pay, what wages are being paid, and what deductions are taken from the wages. Further, Oregon law limits what cannabis/marijuana dispensaries can deduct from employee wages. DEDUCTION PAGE. For instance, employers cannot deduct uniforms from minimum wage. Other items that cannot be deducted are shoplifted merchandise, short tills, or broken items. This would include damaged glassware water pipes or other goods being sold at the cannabis/marijuana employer’s store. Where the cannabis/marijuana employer deducts wages that are not allowed under Oregon wage laws, the employee may sue for damages or $200 whichever is greater. In addition, depending upon the facts, the cannabis employee may be entitled to recover thousands in civil penalties and/or penalty wages because of the unlawful deductions. These laws apply equally to cannabis/marajuana employees including budtenders. In addition, the cannabis employee may also recover their costs and lawyer fees allowing Schuck Law to take cases on a contingency fee basis.
Cannabis/marijuana dispensaries must timely pay all wages at the end of employment
Oregon law sets when wages must be paid at the end of employment. If the employer did not pay all wages due, then it did not timely pay all wages at termination. When the cannabis/marijuana company must pay wages at the end of employment is set by Oregon law. It does not matter whether the employee is a budtender, manager, or any other employee, these laws apply. There are three different time periods that final wages are generally due, depending upon how the employment ends. For instance, a fired employee generally must be paid all wages on the next business day after termination. ORS 652.140. Where the cannabis/marijuana company fails to pay all wages at separation of employment timely, the employee could be due penalty wages. Penalty wages can be several thousand dollars depending upon the hourly rate of the employee and how late the cannabis/marijuana employer pays the wages. LATE PAY PAGE. In addition to recovering unpaid wages and penalty wages, the cannabis employee likely is due their costs and lawyer fees.
Oregon Wage Claim Lawyers
The wage claim attorneys (lawyers) at Schuck Law, LLC focus their law practice on wage claim lawsuits. Our Oregon lawyers prosecute wage claims against Oregon cannabis and marijuana dispensaries. We regularly prosecute Oregon wage and hour claims, Oregon minimum wage claims, Oregon overtime wage claims, Oregon wrongful deduction wage claims, Oregon vacation (or PTO) pay wage claims, and wage claims asserting that final wages were not timely paid on termination (quit or fired). In addition to the unpaid wages and damages outlined above, our Oregon wage claim lawyers may also sue to recover the employee’s costs, disbursements, and attorney fees incurred in prosecution of the Oregon wage claim lawsuit. This allows the Oregon wage claim lawyers (wage and hour attorneys) at Schuck Law, LLC to take most wage claim lawsuits on a contingency fee basis. This means, with minor exceptions that are within your control, that our Oregon wage claim attorneys (lawyers) only get paid their lawyer fees if they recover wages, wage damages, civil penalties, or penalty wages for you.
Our Oregon wage claim attorneys (lawyers) prosecute wage claims throughout Oregon, including but not limited to, Portland, Astoria, Beaverton, Portland, Bend, Clackamas, Coos Bay, Grants Pass, Gresham, 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