WAGE THEFT - INDIVIDUAL, COLLECTIVE, AND CLASS ACTIONS
Employers are required to pay you all wages due and owing, to make deductions in only very narrow circumstances, to correctly classify you as an employee if you do not meet the “independent contractor” test, and to correctly classify you as overtime “exempt” versus “non-exempt.”
Employers are required to pay you all wages due and owing to you per your agreement and subject to the minimums required by law. Employers may be able to prospectively change your wage rate in some circumstances but cannot retroactively change what they agreed to pay you.
Employers may not deduct amounts from your paycheck - even if they claim you owe them money - except in very narrow circumstances described in ORS 652.610 and explained by Oregon’s Bureau of Labor & Industries (BOLI).
Upon termination, your employer owes you your final paycheck within strict deadlines described in ORS 652.140. If your employer fails to meet those deadlines, they may be subject to a significant penalty and be required to pay your attorney fees as described in ORS 652.150. See BOLI’s explanation here.
One way employers engage in wage theft is through the use of misclassifying employees as independent contractors and then failing to pay them adequate wages. If you are being classified as an independent contractor but believe the entity is exerting significant control over the way in which you are providing services, review the typical factors for the independent contractor test and contact an attorney about your potential claims.
A second way employers might engage in wage theft is through misclassifying an employee as “exempt” from overtime when they should be classified as “non-exempt” and failing to pay them for overtime. Review the federal and state definitions of exempt employees and contact an attorney about your potential claims if you have concerns.
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Employers are required to pay you all wages due and owing to you per your agreement and subject to the minimums required by law. Employers may be able to prospectively change your wage rate in some circumstances but cannot retroactively change what they agreed to pay you.
Employers may not deduct amounts from your paycheck - even if they claim you owe them money - except in very narrow circumstances described in ORS 652.610 and explained by Oregon’s Bureau of Labor & Industries (BOLI).
Upon termination, your employer owes you your final paycheck within strict deadlines described in ORS 652.140. If your employer fails to meet those deadlines, they may be subject to a significant penalty and be required to pay your attorney fees as described in ORS 652.150. See BOLI’s explanation here.
One way employers engage in wage theft is through the use of misclassifying employees as independent contractors and then failing to pay them adequate wages. If you are being classified as an independent contractor but believe the entity is exerting significant control over the way in which you are providing services, review the typical factors for the independent contractor test and contact an attorney about your potential claims.
A second way employers might engage in wage theft is through misclassifying an employee as “exempt” from overtime when they should be classified as “non-exempt” and failing to pay them for overtime. Review the federal and state definitions of exempt employees and contact an attorney about your potential claims if you have concerns.