If your claim does not involve minimum wage or overtime … In a New Year’s Eve decision, the Oregon Supreme Court stripped employer-defendants of a powerful litigation tool in wage claim litigation. Oregon Wage Claim Attorneys. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies. If your employer owes you wages, you may file a wage claim with the Wage and Hour Division of Oregon's Bureau of Labor and Industries. In addition, the court can require your employer to pay your attorneys' fees and litigation costs. The U.S. Department of Labor's Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation's most important worker protection laws. Wage Claims in Oregon. You have already begun private legal action to recover the wages claimed; None of your work was performed in Oregon; The claim is against a business in which you were a partner, an owner or had a direct financial interest; The claim is against a person you are unwilling to take to court. However, in “nonurban counties” the minimum wage is $10.50 per hour and increases to $11.00 on July 1, 2019. For every work period of six to eight hours, employees are entitled to a 30-minute meal period. Workplace Fairness is a non-profit organization working to preserve and promote employee rights. The claims processor may also ask questions related to the wage earning agreement between you and the worker and require information regarding any gaps in earnings of more than 14 consecutive calendar days.. Wage Claim. The process is explained in depth here .The Division has the authority to investigate, attempt to settle disputes, sue employers, and make complaints in … Instead of filing a wage claim with the Wage and Hour Division, you may also file a lawsuit in court. In court, you may recover $200 or the wages you are owed, whichever is greater. It also is a warning regarding the importance of quickly investigating and responding to wage demands. The Workplace Fairness Attorney Directory features lawyers from across the United States who primarily represent workers in employment cases. Note: you will not receive confirmation if you file by fax. Under Oregon wage and hour law, all your wages are due on payday. Like federal law, Oregon state law requires employers to pay employees one and one-half times the employee's regular rate of pay for all hours over 40 worked in any seven-day work week. Tort claim notice is important in Oregon Police Misconduct cases. For employees, there are many ways in which disputes over wages can occur. Your browser is out-of-date! However, in “nonurban counties” the minimum wage is $10.50 per hour and increases to $11.00 on July 1, 2019. As a result, the following employees not exempt from the state minimum wage law are exempt from the state's overtime requirement: The Oregon minimum wage changes based on county population. New Notice Requirements for Oregon Wage Claims September 1, 2011 Hunt & Associates, PC Leave a comment Go to comments When an employer fails to properly pay an employee wages after termination of the employee’s employment, the employee can assert a claim for unpaid wages against the employer. Like federal law, Oregon state law requires employers to pay employees one and one-half times the employee’s regular rate of pay for all hours over 40 worked in any seven-day work week. In most wage claim litigation, the major exposure is to attorneys’ fees, not the actual demanded wages. It is important to understand from the outset that the penalties for violating many of Oregon’s wage laws include reasonable attorney fees. Application confirmation. Common wage claims include failure to pay minimum wage, failure to pay the agreed upon wages or “promised pay”, failure to pay overtime or the correct amount of overtime, underpayment of wages due, unlawful pay deductions, failure to pay for all time worked including training time, travel time, and working through lunch, other forms of “off-the-clock” work, and failing to pay wages due upon … Index | Your Rights | Protect Your Rights | Firm Homepage. Percentage Contingency Fees. BOLI handles claims for unpaid wages, including failure to pay minimum wage, overtime, promised vacation, or other benefits. However, any business-related expenses (including cost of lodging for an employee who is required to live on the premises) may not be counted against the minimum wage. The standard minimum wage is $10.75 per hour. For claims under $50 or claims for benefits only, we will send a letter to the employer. Your claims processor may need you to provide up to 52 weeks of the worker’s wage and earning records. The CARES Act is a new federal law, signed March 27, 2020. Wage Security Fund Claim. Our attorneys handle Oregon wage claims. On July 1, 2019 standard minimum wage will increase to $11.25. An employer may require an employee to pay for mandatory items as long as this does not bring the employee's pay below the minimum wage; this payment cannot happen through a payroll deduction. 652.550 Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale . The result is that, in principle, no wage claim is too small to litigate. Collecting Unpaid Wages for Oregon Employees since 1992. By: Oregon Bureau of Labor & Industries (BOLI) Read this in: Spanish / Español. 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