Oregon Employment Wage Claims

Wage Theft Claims & Oregon Law

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.

Understanding Wage Theft in Oregon

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:

  • Requiring employees to work through unpaid breaks or meal periods
  • Failing to pay for time spent in mandatory training or meetings
  • Making unauthorized deductions for uniforms, tools, or cash register shortages
  • Paying employees with checks that bounce or insufficient funds
  • Delaying final paychecks beyond legally required timeframes
  • Misclassifying employees as independent contractors to avoid paying benefits and overtime

Oregon Wage and Hour Laws

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.

Minimum Wage Requirements

Oregon has a tiered minimum wage system that varies by geographic location:

  • Portland metro area counties typically have the highest minimum wage rates
  • Standard counties follow the state minimum wage
  • Non-urban counties may have slightly lower rates

These rates are adjusted annually for inflation, and employers must stay current with these changes to remain compliant.

Overtime Pay Requirements

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.

Break and Meal Period Rights

Oregon employees are entitled to:

  • A 10-minute paid rest break for every 4 hours worked (or major fraction thereof)
  • An unpaid meal break of at least 30 minutes for shifts longer than 6 hours
  • Additional breaks for nursing mothers and other protected activities

Equal Pay and Salary History Laws

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.

Sick Time Benefits

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:

  • The employee’s own illness or medical appointments
  • Caring for sick family members
  • Dealing with domestic violence, harassment, or stalking situations
  • Public health emergencies that require closure of the employee’s workplace or child’s school

Steps to Take if You’re Experiencing Wage Theft

If you believe your employer has violated wage and hour laws, consider taking these steps:

  1. Document Everything: Keep detailed records of your work hours, pay stubs, and any communications with your employer about wages
  2. Review Your Employment Classification: Understand whether you’re properly classified as exempt or non-exempt, employee or independent contractor
  3. Calculate Your Losses: Determine exactly how much you believe you’re owed in unpaid wages, overtime, and penalties
  4. File a Complaint: You can file a complaint with BOLI or pursue a civil lawsuit
  5. Consult an Attorney: Wage and hour law can be complex, and an experienced attorney can help you understand your rights and options

Legal Remedies and Penalties

Oregon law provides strong remedies for wage theft victims, including:

  • Recovery of all unpaid wages and overtime
  • Liquidated damages (penalty pay) equal to the unpaid wages
  • Attorney fees and court costs
  • Civil penalties that employers must pay to the state
  • Protection against retaliation for filing wage claims

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.

Wage Claim Attorney Portland, OR

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.

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