If you are due vacation, and were not paid, you can have our Oregon wage and hour attorneys file a wage claim lawsuit. But what counts as “work” can get tricky, and employers may try to weasel their way out of paying full hourly wages or overtime. Brian A. Buchanan, Attorney at Law. This website is associated with an advertising group that represents lawyers, it is not a law firm. This website is not affiliated with any government organization or trademarked product. This is because the parties' specific agreement will dictate the details of when and how commissions are earned and paid. The new law grants unpaid interns legal recourse under Oregon's employment discrimination laws for workplace violations including sexual harassment, unlawful discrimination, and retaliation for whistleblowing. Federal and state laws are in place to protect workers from wage and hour violations. Penalties and/or penalty wages, depending upon the situation, may … PO Box 18671 . This is common when an employee has stopped working and is demanding their last paycheck from the employer. (The Oregon overtime civil penalty is limited to 30 days. If we are able to collect the amount of unpaid wages owed, then we will not pursue the additional penalty wages. Contact a knowledgeable Oregon unpaid wages attorney today to discuss your legal options. Under both laws, general contractors can now be held liable for unpaid wages, benefits, and employer contributions owed to any employee working on a project. Although the regulations are strict and clear, employers often find creative – but illegal – … Oregon Congenital Heart Defect Missed or Delayed in Diagnosis, Delays And Failure To Diagnose Heart Attacks, Failure To Diagnose Cancer / Misdiagnosis of Cancer, trucking accident traumatic brain injuries. Unpaid Wages in Oregon. Application of this rule in commission pay cases can vary widely. All rights reserved. OR Bureau of Labor and Industries FAQs In Oregon, a private employer can require an employee to work holidays. The Fair Labor Standards Act (FLSA) and the Oregon Wages statute both require employers to: pay their employees at least a minimum wage for all hours worked; Under state law, an employee is entitled to collect penalties if the wages remain unpaid after termination and the employer will be required to pay attorneys fees if a court action is required to collect wages owed before termination. If an employer in Oregon willfully fails to pay all wages due to an employee in a timely manner, the employee may have grounds to file a wage claim lawsuit against the employer, in order to pursue compensation for unpaid wages and, in some cases, additional penalty wages as well. (1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex) shall have a right of action against the employer for the recovery of: In Oregon, the minimum wage is $11.25 per hour. If you have experienced an employment, wage, or labor related violation, please contact us for assistance. If you are a “nonexempt” employee, your employer has to pay you for all the time you have worked. The new law aims to deter wage theft by codifying and tightening up the pay statement requirements that were previously found only in the Oregon Administrative Rules. Particularly, wages and unpaid time? And some employees, mostly those paid a salary or those in professional, executive, or high-level administrative positions, are exempt from overtime and minimum wage per hour requirements. Am I eligible to collect unpaid overtime from my employer? The Oregon minimum wage changes based on county population. Oregon Wage and Hour Laws There are federal and Oregon laws which protect workers’ rights to fair pay. This website provides a free matching service and is not responsible for information or services from third party providers. But what counts as “work” can get tricky, and employers may try to weasel their way out of paying full hourly wages or overtime. Please act quickly, there is a limited time (Statute of Limitations) in which you can bring a claim under the law. Looking for info on labor laws in oregon? Get Started on the Process to Getting Paid the Wages You are Owed. The FLSA has four main components; minimum wage, overtime pay, recordkeeping practices, and child laborprovisions. Death from an Aortic Dissection: Could it Be Oregon Medical Malpractice? We handle cases throughout the state including Bend and Portland Oregon, Redmond, Sisters, Prineville, Madras, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Hermiston Pendleton, and Hillsboro. If you are a “nonexempt” employee, your employer has to pay you for all the time you have worked. ORS 652.140. For the current minimum wage in Oregon, see our article on Oregon wage and hour laws. The federal Fair Labor Standards Act (FLSA) and Oregon state laws regulate the payment of wages, overtime, salary, and benefits for workers. Copyright © 2016 Employment Law Help Center. This section focuses only on overtime pay and state statutes related to meal and rest breaks. This is an advertisement. How to Sue for Unpaid Wages. Wage and hour lawsuits in Oregon can recover lost wages and other damages for workers in Oregon who have been underpaid, denied wages or overtime, or have been forced to work off the clock. The Oregon overtime minimum wage is $16.88 per hour, one and a half times the regular minimum wage of $11.25.If you earn more then the Oregon minimum wage rate of $11.25, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.. If you have not been paid for all of the hours that you have worked, or were not paid the appropriate minimum wage or overtime rate, then you may sue for unpaid wages. However, collection of unpaid wages depends on the employer’s financial ability to pay, bankruptcy filing, and other factors, and if BOLI is unable to recover the wages you are owed, you may choose to file a lawsuit in court. According to a Staff Measure Summary that accompanies the legislation, three new full-time positions will be funded in the state Wage and Hour Division to investigate and enforce claims of underpaid and unpaid wages. Results are not guaranteed. Oregon Center for Employee Rights. We provide legal representation for Oregon wage and hour employment lawsuits on a contingency basis, meaning that we charge no fee unless we win compensation on your behalf. State law is the same, except that state law covers all wages, not just minimum wage and overtime. Oregon wage and hour law treats vacation pay or paid time off (also referred to as “PTO” wages) the same as other wages. (b) If the unpaid amount is five percent or more of the employee’s gross wages due on the regular payday, the employer shall pay the employee the unpaid amount within three days after the employer has notice of the unpaid amount, excluding Saturdays, Sundays and holidays. Some employers may be exempt from this requirement. Holiday Leave. In Oregon, nonexempt employees who work more than 40 hours in a given workweek are entitled to an overtime rate of one-and-one-half times their regular rate of pay for every hour worked over 40, and employees of manufacturing establishments are also entitled to premium pay after working 10 hours a day. Not all types of employees are entitled to overtime wages however, and if you fall into one of the following categories, you are considered “exempt” from the federal overtime law, which means you are not entitled to overtime pay: Oregon wage and hour laws require an employer to pay employees the regular or overtime wages they are owed in a timely manner, and any employee who has not been paid wages for hours worked or overtime wages for hours worked over 40 in a given workweek can file an unpaid wages claim with the Wage and Hour Division of the Bureau of Labor and Industries (BOLI). In Oregon, the minimum wage is $11.25 per hour. Generally, your employer must pay you for all of the time you spend under your employer’s control and for your employer’s benefit. Filed Under: filing an unpaid wage claim in Oregon . The Fair Labor Standards Act (FLSA) does not cover unpaid wages. 652.230 Employee right of ac­tion against employer for unpaid wages and damages; 652.235 Mo­tion to disallow award of compensatory and punitive damages; 652.240 Paying wage lower than that re­quired by statute or contract prohibited; 652.250 Public employee’s wages as affected by absence to engage in search or rescue opera­tion If you believe you have experienced an employment, wage, or labor related violation, feel free to contact us for assistance. The standard minimum wage is $10.75 per hour. The Oregon overtime civil penalty is equal to eight hours of wages for each day your employer is late paying your overtime wages. 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