Wage and Hour Issues

Oregon and Federal wage and hour laws address employees pay rates, timing of payments, hours worked, and recovery of wage and hour penalties.

If you have any questions about any of the following wage and hour issues, please contact Gzik Law for a free consultation:

• Minimum wage
• Overtime wage
• Deductions for uniforms, tools, or expenses
• Off-the-clock work and travel time
• Meal Breaks
• Seasonal and agricultural workers
• Retaliation for filing wage claims
• Final paychecks
• Tips and tip-sharing agreements
• Independent contractor vs. employee

In most cases where Oregon and Federal wage and hour law differs, employers must provide the employee with the standard that offers the employee the most protection.

Minimum Wage Claim

Oregon minimum wage is higher than the required Federal minimum wage. When an employer wrongfully pays less than is required by Oregon, an employee may be able to recover penalties for the minimum wage violations. This often happens when an employer takes deductions from an employee’s paycheck for things like uniforms, training, tools, recoupment of over-payment on prior paychecks, or to recover losses the employer attributes to the employee.

Overtime Wage Claim

With few exceptions, employees are entitled to overtime pay for hours worked over 40 per week. Often, employers will mistakenly or willfully misclassify an employee to not pay overtime wages earned. This includes an employer giving an employee the title of manager, assistant manager, or administrator. However, the Oregon Bureau of Labor and Industries (BOLI) has stated an employee’s classification must meet strike guidelines to be classified as exempt from overtime wages.

Oregon overtime wage claims have a 2 year time limit to file a claim. Other important deadlines may also apply.

Pre-Employment Training Time

Under certain circumstances, Oregon law requires employers to pay employees for work time spent in pre-employment work related training. Often, this type of work occurs when the employer requires the employee to attend pre-employment training to learn company policies and procedures, and other industry information related to the job.  Some employers attempt to not pay employees by providing this as pre-employment training. However, the employee should likely be paid wages for the time spent.

Employees can often recover both the unpaid wages and recover up to 30 days of wages as a civil penalty.

Final Paycheck Issues

Oregon law is very strict on employers when an employee leaves a job, for whatever reason, and the employer fails to pay the employee its final paycheck within the proper timeframe. All final paychecks must include all pay owed to you including overtime, vacation time, and sick time.  If any employer is late delivering your final paycheck or inappropriately miscalculates the amount you should be paid, you may be entitled to penalties for the amount wrongfully withheld.

If an employer fails to provide you with your proper and timely final paycheck, penalties can accrue equal to up to 30 days’ pay. However, to recover penalties, you are required to give a wage claim notice to your employer of the failure to pay. These matters are time sensitive.

Retaliation for Filing a Wage Claim

Oregon and Federal employment law provide strong protection for employees against retaliation of employers for filing a wage claim. A wage claim means a claim for payment for services previously rendered or a claim for wages, compensation, damages, or civil penalties in connection with your claim for unpaid wages.  Additionally, employers may not retaliate against employees for seeking advice of a lawyer or for assisting or testifying on behalf of another employee in a wage and hour case.