These regulations apply to all Oregon employers except those in the federal government.
 
Paydays and Pay Periods
Employers must establish and maintain regular paydays. Paydays may not be more than 35 days apart. ORS 652.120(1)(2)
 
Q. If an employee fails to submit time sheets as required, may the employer delay payment until the information is received?
A. No, it is the employer´s responsibility to track hours worked and to pay all employees on regular paydays. Other disciplinary measures may be taken when employees fail to meet expectations.
 
Final Paychecks
If an employee quits with less than 48 hours notice, excluding weekends and holidays, the paycheck is due within five days, excluding weekends and holidays, or on the next regular payday, whichever comes first. ORS 652.140(2)

Example: An employee quits without notice on Monday, one week before Labor Day. The final check must be paid by the Tuesday after Labor Day, unless a regular payday occurs before that date.

If an employee quits with notice of at least 48 hours, the final check is due on the final day worked, unless the last day falls on a weekend or holiday. In that case, the check is due on the next business day. ORS 652.140(2) &(3)

Example: An employee gives three days notice that Saturday will be the last day worked. The final check is due on Monday. Example: An employee gives two days notice that Friday will be the last day worked. The final check is due on Friday.

If an employee is discharged, the final paycheck is due not later than the end of the next business day. ORS 652.140(1)

Example: If an employee is discharged on Saturday, the check is due on Monday by the end of the day. If an employee is discharged on Monday, the check is due by the end of the day on Tuesday.

When an employer and employee mutually agree to terminate the relationship, the check is due by the end of the following business day, as in the case of discharge. ORS 652.140(1)
 
When employment is related to state and county fairs, and employment terminates on weekends or holidays, the check is due by the end of the second business day after the termination. ORS 652.140(3)

Example: If the last day of the Oregon State Fair is on Labor Day Monday, all employees whose employment ends must be paid by the end of the day on Wednesday.

Collective Bargaining Agreements
The statute allows an exception from the final paycheck requirements if the contract makes provisions for final pay. ORS 652.140(5)

Example: A union contract provides that final paychecks will be paid on the next regularly scheduled payday. Therefore, in all cases of termination, the final check is due on the next regular payday.

Seasonal Farmworkers
When employment of seasonal farmworkers terminates, wages are due immediately. However, if a seasonal farmworker quits without giving at least 48 hours notice, wages are due within 48 hours or at the next scheduled payday, whichever is earlier. ORS 652.145
 
Payment in Case of Dispute
If a dispute arises over the amount of wages due an employee, the employer must pay all money the employer agrees is due, without setting any conditions upon payment. The employee retains the right to claim any wages and remedies the employee feels is due through union grievance (if applicable), or by filing an action with the court, or by filing a claim with the Bureau of Labor and Industries. ORS 652.160
 
Civil Penalty for Withholding Final Wages
If an employer willfully fails to pay any part of an employee´s final wages when due, then, as a penalty, the compensation of the employee shall continue from the appropriate due date, at the same regular hourly rate, for eight hours per day, until the wages are paid or until an action for collection is filed. The maximum penalty is for 30 days compensation. ORS 652.150
 
As of January 1, 2002, the penalty may not exceed 100% of the unpaid wages if the employer pays the wages due within twelve days after written notice of nonpayment is sent to the employer and the employer has not willfully violated the final pay provisions of the law in the preceding year.
 

 
 

---

The Technical Assistance for Employers unit offers employer seminars, handbooks, and other materials covering a number of topics. For additional information, visit our website at www.oregon.gov/boli/ta  or call our Employer Assistance line.

 

Technical Assistance for Employers

Bureau of Labor and Industries

800 NE Oregon Street, Suite 1045

Portland , OR 97232

971-673-0824

www.oregon.gov/boli

These materials were prepared as a general summary and teaching guide. The mission of the Technical Assistance for Employers Program is to promote compliance with civil rights and wage and hour laws through education. Technical Assistance does not provide legal advice. In order to determine the legality of any matter or to protect your legal rights, you should contact an attorney. Check the yellow pages of your telephone directory or contact the Oregon State Bar Lawyer Referral Service at 1-503-620-0222 or 1-800-452-7636. THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT.