Workers who believe that they have not receive all money due to them under the law can make a wage claim in two different ways: through the Oregon Bureau of Labor and Industries (BOLI), or through a private attorney. BOLI will interview the employee and attempt to collect the employee’s unpaid wages, but they will not pursue any wage penalties. Wage penalties are usually several times the actual amount of unpaid wages, and they can only be pursued by a private attorney.
Both Oregon and federal wage laws allow a successful employee to recover their attorney fees from the employer in addition to the unpaid wages and penalties. For this reason, attorneys who handle wage claims will handle them on a contingency basis (i.e. the attorney does not get paid unless the employee wins).
Workers have six years after a wage is unpaid to file a lawsuit to collect those wages. This is called the “statute of limitations.” The statute of limitations for collecting wage penalties is three years after the violation giving rise to the penalty.
Employers are required by law to keep all employee time and pay records for at least three years, so employees who don’t have all of their pay stubs or other documentation of their claims should not be discouraged from making wage claims against their employers. If an employer fails to keep the proper records, BOLI or the court will rely on the employee’s best estimates.
