Can Business Owners Take Tips in Oregon? What Employees Need to Know
In Oregon, business owners and managers cannot take employee tips. Learn about tip pooling, common violations, and how to protect your wage rights.
Our attorneys handle Oregon wage theft claims. Many employees are not paid wages they have earned under the law. For instance, employees may be misclassified as salaried workers, and thereby unlawfully denied overtime pay. Any worker should understand how they are classified, and what it means.
Unpaid wages may occur when an employer fails to pay overtime wages, fails to meet minimum wage requirements, intentionally mis-categorizes employees in a way so that they are paid less than they should be, makes certain administrative errors, does not pay employees for all of their services, or does not properly reimburse employees for business expenses.
Wage theft is the illegal underpayment or non-payment of wages owed to workers. Wage theft often happens when employers refuse overtime pay, force employees to work off the clock, pay employees less than minimum wage, make illegal deductions from paychecks, misclassify employees, or fail to pay employees at all.
Common forms of wage theft include:
The Oregon Bureau of Labor and Industries (BOLI) Wage and Hour Division is the Oregon State agency charged with investigating wage issues in the workplace. Employees are entitled to breaks and meal periods during their shift and must get paid at least Oregon’s hourly minimum wage. The minimum wage employees should earn depends on which county they work in.
Oregon has a tiered minimum wage system that varies by geographic location:
These rates are adjusted annually for inflation, and employers must stay current with these changes to remain compliant.
Under Oregon law, most employees are entitled to overtime pay of one and one-half times their regular rate for hours worked over 40 in a workweek. Some employees may also be entitled to daily overtime for working more than 8 hours in a single day, depending on their industry and specific circumstances.
Oregon employees are entitled to:
The Equal Pay Act also ensures that Oregon employers cannot ask for a worker’s salary/pay history before they make an offer of employment and they cannot determine compensation for a position based on the current or past compensation of a potential new employee.
These protections help prevent wage discrimination and ensure that employees are compensated fairly based on their qualifications and the value they bring to the position, rather than historical pay inequities.
Oregon law gives all workers sick time. Employees are entitled to at least 1 hour of protected sick time for every 30 hours they work up to 40 hours per year.
This sick time can be used for:
If you believe your employer has violated wage and hour laws, consider taking these steps:
Oregon law provides strong remedies for wage theft victims, including:
Employers who violate wage and hour laws may face significant financial consequences, making it important for workers to know their rights and take action when those rights are violated.
There are several different methods for an employee to recover unpaid wages; each method has different remedies. It is important that you consult an attorney with expertise in this area to help you. Our wage claim attorneys at Meyer Employment Law have extensive experience representing employees in wage claims in the state of Oregon.
Our comprehensive employment law services cover all aspects of workplace rights and protections. We understand that wage theft can create serious financial hardship for workers and their families, and we’re committed to helping employees recover what they’re rightfully owed under Oregon law.
If you believe any of these situations apply to you, please contact our office to inquire about a free consultation. We’ll review your situation, explain your legal options, and help you determine the best course of action to recover your unpaid wages and protect your rights as an Oregon worker.
In Oregon, business owners and managers cannot take employee tips. Learn about tip pooling, common violations, and how to protect your wage rights.
Copyright Meyer Employment Law Portland, Oregon – Marketing Agency SpearPoint Marketing LLC
