What to do when employer refuses to pay you?
The answer to the question: “What to do if your employer isn’t paying you” is simple. Call Schuck Law, we help you claim your wages. A wage claim is a common reference to a lawsuit or proceeding used to force an employer to pay your wages along with other penalties the law provides when your are forced to claim your wages through the filing of a lawsuit. In other words, it is how you sue your employer for unpaid wages, penalties, and your lawyer fees. This is also called a civil suit for unpaid wages.
Oregon Late Payment of Final Wages Claim
Oregon wage and hour law sets time deadlines for payment of wages when the employment relationship ends. An employer must pay all wages due to the employee within these time lines. For instance, where the employer terminates (fires) the employee, all wages are due within one business day under Oregon’s wage and hour laws. ORS 652.140 provides due dates for wages at end of employment. If an employer/boss willfully fails to timely pay all final wages, the employee may be able to recover up to 30 days of penalty wages in addition to the unpaid wages by having our Oregon wage claim attorneys file a wage claim lawsuit in Oregon…Late Pay Page. Under this claim, employees can sue their employer for the unpaid wages, penalty wages, and lawyer fees.
Oregon Minimum Wage Claim
Oregon wage and hour laws include provisions that generally require employers to pay the employee a minimum wage. Oregon’s minimum wage generally requires an employer or boss to pay the employee at a minimum hourly rate. The minimum wage rate fluctuates by year and is set by the Oregon Bureau of Labor and Industries. BOLI Poster. If an employer fails to pay an employee all minimum wages, the employee may be able to recover up to 30 days of wages in addition to the unpaid wages by having our Oregon wage claim attorneys file a minimum wage claim lawsuit. Minimum Wage Page. Under this claim, employee can sue their employer for unpaid minimum wages, a minimum wage civil penalty, and the lawyer fees.
Oregon employees may also be covered by the Fair Labor Standards Act, or FLSA for short. The FLSA is federal wage and hour law that governs payment of the minimum wage and payments for overtime. In addition to recovering the minimum wages or overtime wages, the employee could recover double that amount by filing a wage claim under the Fair Labor Standards Act (FLSA). In addition, your boss could be liable separately from the employer, if he/she causes the employer to fail to pay minimum wages or overtime under the Fair Labor Standards Act (FLSA). The liquidated damages and wages are damages that our Oregon wage claim attorneys can recover by filing a wage claim lawsuit for you. While historically the federal minimum wage rate has been lower than Oregon’s minimum wage rate, there are times when pursing the federal minimum wage will be more profitable for the employee. Minimum Wage Page.
Oregon Overtime Wage Claim
Oregon wage and hour laws also generally require that overtime wages be paid by an employer/boss to non-exempt employees. Overtime wages are equal to 1 1/2 times the employee’s regular hourly rate (called overtime rate) for all hours worked in excess of 40 hours per week. Rule. Oregon wage and hour overtime laws also may require certain employees who work in factories to be paid overtime wages when they work more than 10 hours in a day. In addition to recovering the unpaid overtime wages, an employee could recover up to 30 days of wages as a civil overtime penalty. In addition to the unpaid overtime wages and the overtime civil penalty, and employee whose employment has ended may also be due up to 30 days of penalty wages for the employer’s failure to timely pay all wages at the end of the employment relationship. Further, by having our Oregon overtime wage claim attorneys file an overtime wage claim lawsuit, the employee could require the employer to pay their attorney fees and costs…Overtime Page.
Oregon Wrongful Deduction Wage Claim
Oregon wage and hour deduction laws limit what an employer can deduct from an employee’s wages. Statute. Examples of deductions from wages generally allowed are: taxes, garnishments, other deductions for the employee’s benefit which were authorized in writing by the employee. (Such as health and life insurance). If your employer deducts anything other than the above, you may have an unlawful deduction wage claim. Common unlawful deductions are for (1) uniforms that are deducted from the employee’s minimum wages, or (2) till shortages, (3) business losses for customers who steal or fail to pay for services. The list of unlawful items employers will deduct are nearly endless. Our Oregon wage claim lawyers (attorneys) regularly file unlawful deduction wage claim lawsuits to recover damages where your employer/boss unlawfully deducts money from the employee’s paycheck/wages…Wrongful Deduction Page.
Oregon Vacation Pay or Paid Time Off Wage Claim
Oregon wage and hour law treats vacation pay or paid time off (also referred to as “PTO” wages) the same as other wages. Whether Oregon wage and hour laws require vacation wages to the employee is a fact specific inquiry. If you are due vacation, and were not paid, you can have our Oregon wage and hour attorneys file a wage claim lawsuit. Penalties and/or penalty wages, depending upon the situation, may apply. Our Oregon wage and hour attorneys may recover unpaid vacation/PTO and penalties through filing an Oregon wage claim lawsuit…PTO Page.
Oregon Pre-Employment Training Time and Pre-Employment Training Wage Wage Claim
Oregon wage and hour law determines whether attendence to training is considered work time or whether training is compesible wages. OAR 839-020-0044 Some companies attempt to circumvent this rule by providing extensive unpaid pre-employment training to the employee. The employee is required to attend the pre-employment training before being hired to learn company policies, practices, and other industry information. This unpaid pre-employment training is very common in the truck driving and bus driving industries. The pre-employment training may be short and take just a day, or the pre-employment training may take weeks. Likely, this time must be compensated at no less than minimum wage. Minimum Wage Page. In addition to recovering the unpaid minimum wages, an employee could recover up to 30 days of wages as a civil penalty by having our Oregon wage claim attorneys file a minimum wage claim lawsuit…Pre-Employment Page.
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