Understanding Your Wage and Hour Rights
All Oregon workers have the right to receive their rightful pay for their labor. Unfortunately, wage and hour violations are not uncommon in the workplace. When employers fail to pay employees the minimum wage, coerce them to work off the clock, make unauthorized deductions from their paychecks, neglect to compensate non-exempt employees for overtime hours, or engage in other forms of wage theft, it's essential for employees to know their rights and take swift action to address these issues. Salo Law LLC is here to help employees recover the wages they are owed.
Oregon Minimum Wage
The minimum wage in Oregon exceeds the federal Fair Labor Standards Act (FLSA) minimum wage. However, it's crucial to note that the minimum wage in Oregon varies depending on the employee's location. As of July 1, 2023, the minimum wage rates in Oregon are as follows:
$15.45 per hour: Portland metro area within the urban growth boundary, including parts of Clackamas, Multnomah, and Washington Counties.
$14.20 per hour: Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco, Yamhill, and parts of Clackamas, Multnomah, and Washington Counties that fall outside of the urban growth boundary.
$13.20 per hour: Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, and Wheeler Counties.
Oregon's minimum wage typically increases each year on July 1st, so it's essential to stay informed about any updates.
Employee Misclassification and Overtime Pay
Oregon employers must adhere to both the federal Fair Labor Standards Act (FLSA) and Oregon’s wage and hour laws, which govern overtime pay. These regulations stipulate that all “non-exempt” employees must receive overtime compensation at a rate of one-and-a-half times their regular pay rate for all hours worked beyond 40 hours per week.
Typically, an overtime-exempt employee in Oregon meets the following criteria:
Receives a base salary of at least $35,568.
Performs duties categorized as exempt, such as administrative, managerial, or professional work.
However, some employers attempt to circumvent FLSA and Oregon overtime regulations by incorrectly classifying non-exempt employees as exempt or even independent contractors. If you suspect that you have been misclassified, you may have a valid wage and hour claim to recover unpaid wages. Salo Law LLC specializes in investigating wage and hour claims and pursuing damages, including back pay for overtime, liquidated and penalty damages, and attorney fees on your behalf.
Unlawful Deductions from Employee Paychecks
Oregon's wage and hour laws explicitly prohibit employers from making unauthorized deductions from employees' paychecks. Unless a deduction is legally mandated or outlined in a collective bargaining agreement, any wage deduction must be voluntarily authorized by the employee in writing, recorded in the employer's records, and must benefit the employee.
Final Paychecks and Oregon Law
When it comes to wage and hour laws in Oregon, one critical aspect concerns the timing of final paychecks. Oregon law mandates that employers must promptly provide their employees with their final paychecks upon separation from employment. The specific timing of final paychecks varies depending on the circumstances of the employee's departure. Here's a breakdown of the deadlines for final paychecks in Oregon:
Termination by the Employer: If an employer terminates an employee, the final paycheck must be provided no later than the end of the next business day following the termination.
Employee Resignation with Less than 48 Hours' Notice: If an employee resigns with less than 48 hours' notice (excluding weekends and holidays), their final paycheck and any wages owed are due within five business days or on the next regular payday, whichever comes first.
Employee Resignation with at Least 48 Hours' Notice: If an employee provides at least 48 hours' notice before resigning and their last day of employment falls on a weekday, their final check is due on their last day. However, if the last day of employment falls on a weekend or a holiday, the final paycheck is due on the next business day.
Mutual Agreement to Terminate: When both the employer and the worker mutually agree to terminate the employment relationship, the final paycheck must be provided by the end of the following business day.
Employment Related to State and County Fairs: In cases where employment is associated with state and county fairs and the employment termination occurs on weekends or holidays, the final paycheck must be provided by the end of the second business day following the termination.
Late Final Paycheck Penalty
It's essential for employers to adhere to these deadlines to avoid penalties under Oregon law. Failure to provide a timely final paycheck may result in penalties for the employer. Under Oregon law, the penalty for late payment of a final paycheck is calculated at the employee's regular rate, multiplied by eight hours, for each day the paycheck is late, up to a maximum of 30 days.
Wage Demands
In many cases, employees may need to send a written wage demand notice to their employer before pursuing legal action for unpaid wages. This notice typically outlines the details of the wage dispute, including the amount owed, dates of unpaid work, and other relevant information. This formal notice is a crucial step in the process of recovering unpaid wages.
Need Help with Wage Issues?
If you believe that you have not received the wages you are legally entitled to, it's essential to act promptly. Statutes of limitations may apply, and delays could jeopardize your ability to recover unpaid wages. At Salo Law LLC, Alina M. Salo has extensive experience in wage and hour claims, and she is committed to aggressively advocating for your rights. If you need assistance with wage and hour issues or have questions about your rights as an employee in Oregon, please do not hesitate to reach out. You can contact Alina directly at alina@salolawoffice.com.
