Oregon Wage Claims for Waiters and Waitresses

Oregon wage and hour law and minimum wage law require an employer to pay its waiters and waitresses, or wait staff, for all hours it suffers and permits the Oregon waiter or waitress to work. It also requires the employer pay for all time of “authorized” attendance. The Oregon Hours Worked Page describes what it means for an employer to suffer or permit or authorize its waiters or waitresses to perform work. There are several common situations where employers suffer and permit and authorize their waiters and waitresses to perform work for which they refuse to pay wages.

1. Setting up the register or till. Often employers require waiters or waitresses to set up their till before signing in to work. Oregon employers must pay the waiter or waitress for all time it takes to set up the register or till. If an employer does not pay wages for all time a waiter or waitress spends setting up a till (register), then the waiter or waitress remains due unpaid wages (off the clock wages) and can file an Oregon unpaid wage claim. Our Oregon wage claim attorneys assist waiters and waitresses in prosecution of Oregon unpaid wages (off the clock) wage claims.

2. Setting up the bar or tables. Often employers require waiters or waitresses to set up the bars and tables in preparation for customers before they clock in. This means that the waiter or waitress is not paid wages for the time they work setting up the bar or tables. Oregon employers are required to pay for all hours the waiter or waitress is suffered or permitted to work including work time setting up the restaurant or bar for customers. If an employer does not pay wages for all time the waiter or waitress spends setting up the restaurant or bar, then the Oregon waiter or waitress is due unpaid wages (off the clock wages) and can file an Oregon wage claim to recover the unpaid wages (off the clock wages). Our Oregon wage claim attorneys assist waiters and waitresses in prosecution of Oregon unpaid wages (off the clock) wage claims.

3. Counting out the register or till. Often employers require waiters or waitresses to count out or close their till (register). Oregon employers must pay the waiter or waitress for all time it takes to count out the till (register) and all time, if applicable, to balance the till and receipts. If an employer does not pay wages for all time spent counting out the till (register), then the waiter or waitress remains due unpaid wages (off the clock wages) and may file an Oregon wage claim lawsuit. Our Oregon wage claim attorneys assist waiters and waitresses in prosecution of Oregon unpaid wages (off the clock) wage claims.

4. Cleaning up the bar or restaurant after close. Often employers require waiters or waitresses to clean the bar or restaurant after signing off the clock. Sometimes this is treated as social and everyone just pitches in. Another way this is viewed is that the waiter or waitress is just helping a friend so that they can both leave. Cleaning the restaurant or bar is work and the waiter or waitress must be paid wages for all time they work cleaning the bar or restaurant. If an employer does not pay wages for all time the waiter or waitress spends cleaning the restaurant or bar, then the waiter or waitress remains due unpaid wages (off the clock wages) and may file an Oregon wage claim lawsuit. Our Oregon wage claim attorneys assist waiters and waitresses in prosecution of Oregon unpaid wages (off the clock) wage claims.

Minimum Wage Claims for Oregon Waiters and Waitresses

An Oregon waiter or waitress must be paid at least the current Oregon minimum wage for all hours worked. If an employer or boss fails to pay waiters or waitresses at least minimum wage for all hours worked, the waiter or waitress may be entitled to an Oregon minimum wage civil penalty. The Oregon minimum wage civil penalty could be as high as 30 days of wages. For example, at $8.80 per hour, the maximum Oregon minimum wage civil penalty could be $2,112.00. If the employer pays its waiters and waitresses minimum wage plus tips, but does not pay for all off the clock time such as cleaning up the bar after close, then all minimum wages were not paid and the waiter or waitress likely has a minimum wage claim. Our Oregon wage claim attorneys assist waiters and waitresses in prosecution of Oregon minimum wage claims. Oregon Minimum Wage Page.

Overtime Wage Claim for Oregon Waiters and Waitresses

Oregon wage and hour overtime laws generally require an employer/boss to pay waiters and waitresses who are non-exempt employees, 1 1/2 times their regular hourly rate (called overtime rate) for all hours the waiter or waitress works in excess of 40 hours in a single week. In addition to recovering the unpaid overtime wages, an employee could recover up to 30 days of wages as an overtime civil penalty by having our Oregon overtime wage claim attorneys file an overtime wage claim. When calculating whether the waiter or waitress has worked over 40 hours, each work week must be counted separately. It is irrelevant that the waiter or waitress is paid every two weeks, the determination of overtime is on a weekly basis. Thus, a waiter or waitress who works 50 hours in week one and 5 hour in week two must still be paid 10 hours of overtime…Oregon Overtime Wage Page.

Wrongful Deduction Wage Claim for Oregon Waiters and Waitresses

Oregon wage and hour deduction law limit what can be deducted from the wages of waiters and waitresses. Examples of deductions from wages that are generally allowed under Oregon wage and hour law are: taxes, garnishments, other deductions for the employee’s benefit which were authorized in writing by the employee. (Such as health and life insurance). Some common deductions employers make from waiters and waitresses that likely are NOT allowed under Oregon wage and hour law (wrongful or unlawful deductions) are:1. Deducting to cover till shortages;
2. Deducting to cover eat and run (non-paying customers); and
3. Deducting for bounced checks or bad credit card purchases.
If you are a waiter or waitress and your employer deducted any of these items from your wages, then you likely have a wrongful or unlawful deduction wage claim under Oregon wage and hour laws. You likely are due damages equal to the greater of the amount deducted or $200.00. In addition, you could be due a minimum wage civil penalty, and/or an overtime civil penalty, and/or be due penalty wages. Each of these penalties could equal 30 days of wages. For example, at minimum wage each penalty would be calculated as ($13.00 per hour * 8 hours per day * 30 day maximum = $3,120.00). Our Oregon wage claim attorneys regularly prosecute Oregon unlawful deduction wage claims for employees including waiters and waitresses…Oregon Wrongful Deduction Page.

Unpaid Tips/Tip Pools for waiters and waitresses

Oregon wage and hour law does not allow tip credits. Oregon has not addressed the issue of whether tip pools are allowed. Federal wage and hour law called the FLSA has addressed it. In Oregon Restaurant and Lodging Ass’n v. Perez, the Ninth Circuit held that only regularly tipped employees like waiters and waitresses can participate in tip pools. Therefore, if your tips are shared with cooks or owners (not acting as a waiter or waitress), then you likely are due money. Our Oregon wage claim lawyers regularly prosecute wage claims on behalf of Oregon employees.