LATE PAY WAGE CLAIM

Oregon wage and hour law dictates when the employee must be paid all their final wages (get their 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. Oregon final paycheck laws interact with other wage law and 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 under Oregon’s final paycheck law; and
2. The employer fails to pay for all hours worked. (Or fails to pay all hours worked within the time required by Oregon’s final paycheck law.
3. The employer made unlawful deductions.
4. The employer fails to pay all overtime wages.
5. The employer fails to pay all minimum wages.
6. The employer deduct wages from the final paycheck unlawfully. Unlawful deduction page. Even if the deduction is repaid, the employer must have repaid the deduction before the time all wages were due under Oregon’s final paycheck law.

Thus, simply receiving a final (last) paycheck may not be sufficient. If the employer wants to avoid liability under Oregon’s final paycheck law, the final (last) paycheck provided must cover all wages that were due and owing at the time the employment ended and have been timely paid. ORS 652.140. 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. ORS 652.150. 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. ORS 652.140. 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. Wages due 1 next business day. 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 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. Penalty wage statute. 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 Hours Worked Page. The penalty wages are equal to eight hours of wages for each day your employer is late paying. Penalty wage statute. 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 hours worked page. The penalty wages are equal to eight hours of wages for each day your employer is late paying. Penalty wage statute. 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. Penalty wage statute. 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. It is important to remember that “work time” that must be paid does not just mean the hours that the employer has designated to be paid.  Instead, work time likely includes time the employer knows about such as:  pre- and post-shift routines off-the-clock, improper rounding (“five-minute-rule” or “seven-minute-rule” whereby employer does not pay first few minutes or last few minutes under the rule), short lunches, or other time the employer requires you to be on premises. If the employer is not paying all wages, the penalty wages will likely end up at the maximum amount. Penalty wage statute. 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.

How long does an employer have to pay you after termination in Oregon?

When an Oregon employer terminates you, they have one business day to pay your final paycheck. If your wages are not paid within this time, you are likely due penalty wages in addition to your unpaid or late paid final wages. 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.

Can my employer pay me late?

No, Oregon law sets when wages are due. During employment, ORS 652.120 requires all wages be paid on payday. Penalties can attach to the unpaid wages when the payday is skipped. Minimum Wage Page. When an Oregon employee’s employment ends, for any reason, ORS 652.140 determines when those wages are due.  When the employer pays final wages late, and that late payment of wages is willful, the employer can be liable for penalty wages under ORS 652.150. 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.

What if I am still employed, but not being paid?

You still have claims, but want to call Schuck Law. If you plan to quit anyway, calling us early is great for planning and evidence gathering. There are things you can do to set up your employer that may make your lawsuit easier to prove. The employer is already breaking the law, but making it easier to prove helps to improve your chances of recovering all your penalties. During employment, ORS 652.120 requires all wages be paid on payday. Penalties can attach to the unpaid wages when the payday is skipped. Minimum Wage Page. In fact, even though federal minimum wages do not have a payday requirement like Oregon, the federal Ninth Circuit Court of Appeals has ruled payday is when minimum wages are due. When an Oregon employee’s employment ends, for any reason, ORS 652.140 determines when those wages are due.  When the employer pays final wages late, and that late payment of wages is willful, the employer can be liable for penalty wages under ORS 652.150. 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.

If you are still employed, but plan to quit, call us. We can help you make sure that the evidence of the employer’s wrongful conduct is easily proven. For instance, some employer’s allow employees to take copies of the time card printouts. These can show the actual hours worked, where the paycheck stubs show what was paid. You can also plan how and when to quit. More often than not, most employees contact our lawyers after the decisions are made. Contacting us earlier makes our job of winning you wages, penalty wages, and damages easier.

Is it illegal to not pay employees on time?

Yes.  Oregon law sets the time that wages must be paid.  During employment all wages must be paid on payday. ORS 652.120. When an employer fails to pay on payday, employees could be due multiple penalties, including but not limited to minimum wage civil penalties. At the end of employment, termination, or after you quit, all wages are required to be paid by a date certain set by law depending upon how the employment relationship ends. ORS 652.140. When an employer fails to pay timely at the end employment, the employee could be due several thousand dollars in penalty wages.

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