work · Oregon

How do I recover unpaid wages or a withheld final paycheck in Oregon?

Under Oregon law, employees can seek payment of unpaid wages and may be entitled to statutory penalties if an employer willfully fails to pay wages when employment ends. The Bureau of Labor and Industries may investigate and pursue claims administratively, and courts can hear wage actions as well. Employers must pay any wages they concede are due even if there is a dispute about other amounts. Administrative collection is available through the Commissioner of the Bureau of Labor and Industries, who can issue an order directing payment and assess penalties. If an employer does not accept an administrative determination, the employer has specified time to request a hearing or a court trial. Civil actions can also seek unpaid wages and certain liquidated damages for specified wage-rate violations.

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The deadline that matters

An employer or employee has 20 days after receiving an order of determination to request a contested case hearing or a trial in court under Or. Rev. Stat. § 652.332.

What Oregon law says

An employer who willfully fails to pay wages due at termination may be liable for continuing penalty wages for up to 30 days under Or. Rev. Stat. § 652.150. If there is a dispute, the employer must still pay wages it concedes are due within the regular pay period under Or. Rev. Stat. § 652.160. The Commissioner of the Bureau of Labor and Industries may pursue claims through administrative proceedings and issue an order of determination, with rights to request a contested case hearing or a trial in court and potential penalties listed in the order, under Or. Rev. Stat. § 652.332. Unpaid wages unclaimed for over a year may be presumed abandoned under Or. Rev. Stat. § 98.334. For certain statutory wage-rate violations, employees may bring actions for unpaid wages and liquidated damages under Or. Rev. Stat. § 652.230.

What to do

  1. A common first step is to send a written demand stating the estimated unpaid wages and asking for payment.
  2. A common next step is to file a wage claim with the Oregon Bureau of Labor and Industries so the Commissioner can investigate or issue an order.
  3. A common option is to request a contested case hearing or to seek resolution in court if the employer disputes the claim.
  4. A common step is to keep all pay stubs, time records, termination notices, and any communications about pay to support a claim.
  5. A common option is to seek payment of wages conceded by the employer while pursuing remedies for any remaining disputed amounts.

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Common questions

Can an employer be penalized for not paying final wages?
Yes. If an employer willfully fails to pay wages due at termination, penalty wages may continue at the hourly rate for up to 30 days under Or. Rev. Stat. § 652.150.
What if my employer says there is a dispute over how much is owed?
If there is a wage dispute, the employer must still pay any wages it concedes are due within the regular pay period, leaving other remedies for the balance under Or. Rev. Stat. § 652.160.
How can the state help collect unpaid wages?
The Commissioner of the Bureau of Labor and Industries can pursue wage claims administratively, issue orders directing payment, and assess penalties, with rights to request hearings or trials under Or. Rev. Stat. § 652.332.
What happens to unpaid wages not claimed for a long time?
Unpaid wages that remain unclaimed for more than one year after becoming payable are presumed abandoned under Or. Rev. Stat. § 98.334.

Grounded in current Oregon law

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This page provides legal information only and not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.