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Local Agencies

Posted in Local Agencies with tags , , on October 21, 2008 by pdxrwa
Bureau of Labor and Industries (BOLI)
http://www.oregon.gov/BOLI/
8am-5pm Monday-Friday
800 NE Oregon St., Suite 1045
Portland, OR 97232
Phone: 971-673-0761
Fax: 971-673-0762
TTY: 971-673-0766

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Equal Employment Opportunity Commission (EEOC) Federal Field Office
File a Claim: http://www.eeoc.gov/facts/howtofil.html
909 First Avenue
Suite 400
Seattle, WA 98104-1061
Phone: 1-800-669-4000
Fax: 206-220-6911
TTY: 1-800-669-6820

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Oregon Employment Department
(for unemployment claims and questions)
http://www.oregon.gov/EMPLOY/index.shtml
8am-5pm Monday-Friday
30 N Webster St., Suite E
Portland, OR 97217
Phone: 800-237-3710
Phone: 877-517-5627
Fax: 503-9471472

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Oregon Occupational Safety and Health Administration (OHSA)
http://orosha.org
Fremont Place, Building 1
1750 NW Naito Parkway. Suite 112
Portland, OR 97209-2533
Phone: 503-229-6193
Consultation: 503-229-6193
Fax Consultation: 971-673-2930
Fax Enforcement: 971-673-2901
Fax Management: 971-673-2922

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Oregon Wage & Hour Division
8am-5pm Monday-Friday
800 NE Oregon St., Suite 1045
Portland, OR 97232
Phone: 971-673-0761
Fax: 971-673-0769

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U.S. Department of Labor
http://www.dol.gov
Phone: 1-866-4-USA-DOL
TTY: 1-877-889-5627

Meal & Rest Periods

Posted in Meal & Rest Periods with tags , , on October 20, 2008 by pdxrwa

Meal Period

A 30 minute unpaid meal period is legally mandated for a work period of six to eight hours. If a worker is not relieved of all responsibilities during a meal period or remains on call, the 30 minute meal period must be paid. OAR 839-020-0050(A)(B)

Rest Period

Employers must provide workers with a paid, uninterrupted 10-minute rest break for every four-hour segment in a work period. OAR 839-020-0050(b)

Minors must be provided a paid, uninterrupted 15-minute rest break for every four-hour segment in a work period. OAR 839-021-0072(3)

Rest breaks should be given in the middle of each four-hour segment, whenever possible.

Meal Period Reform

Posted in Meal & Rest Periods with tags , , , on October 19, 2008 by pdxrwa

Beginning January 1st 2008, employees who earn and report tips to employers can now waive their right to a 30 minute meal break. Waivers are available through employers and must be signed in order to forego the otherwise mandatory break. A 7 calendar day waiting period exists for new hires. Employers proved to have intimidated or pressured new or existing employees into signing a waiver are liable for a fine up to $2,000 with each individual attempt considered a separate offense.

Employees who work over six hours in a shift and waive their right to a 30 minute break must still be provided the opportunity to consume food while continuing to work, as well as be paid for this time. Employees are unable to waive their mandatory 10 minute rest periods for work shifts of 4 hours or more. In the case of a work shift of 8 hours or more a 30 minute break is mandatory and can not be waived.

For more information:

http://www.ora.org/Government/GA/index.htm

http://www.oregon.gov/BOLI/WHD/Meal_Waivers.shtml

Paid Work

Posted in Paid Work on October 19, 2008 by pdxrwa

Preparatory and concluding activities are considered hours worked if the activities by the employee are an integral and indispensable part of a principal activity for which the employee is employed. (ex. setting up work station, counting tips)

You must be paid for any time your employer requires or allows you to perform duties for work, including things like travel time after clocking-in, going to the store after your shift, or any other off-the-clock work for the employer’s benefit. This also includes training periods and mandatory work meetings. If you are required by your employer to attend training not mandated by the state, you must be paid.

Employers are not required to pay for a workers Food Handlers Certification or OLCC classes.

Employers are not required to pay workers for lectures, meetings and training programs that meet all four of the following criteria:

  1. attendance is outside of the employee’s regular working hours
  2. attendance is voluntary
  3. the course, lecture, or meeting is not directly related to a worker’s job
  4. if a worker does not perform any productive work during the course of the training

This information and more is available by visiting these websites: BOLI and OAR 839-020-0043 & OAR 839-020-0044

Final Pay Rights

Posted in Final Pay, Pay & Wages with tags , , , , , on October 18, 2008 by pdxrwa

The Oregon Bureau of Labor & Industry (BOLI) provides the following information regarding final pay for both employers and employees. It can be read in broader detail on the BOLI website: www.oregon.gov/BOLI or by following the links found below to the exact legal language.

These regulations apply to all Oregon employers except those in the federal government.

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)

If an employer does not pay an employee all of the wages they are due by the deadline listed above, the employer must pay the employee a penalty. The penalty is one full day’s wage for every day the full final payment is late, up to 30 days’ wages (8 hours per day x 30 days x the employee’s wage rate).

Business Closure

Posted in Final Pay, Pay & Wages with tags , , on October 18, 2008 by pdxrwa

If a food establishment closes without notice and claims insufficient funds to pay wages, employees who have not received final pay are entitled to Wage Security Funds compensation through BOLI.

To file a claim or to learn more, contact your local BOLI office responsible for Wage Security Funds.

Bureau of Labor & Industry
800 NE Oregon Ave.
Suite 1045
Portland, OR 97232
Phone: 971-673-0761

Holidays & Holiday Pay

Posted in Holidays & Holiday Pay, Pay & Wages with tags , , , on October 17, 2008 by pdxrwa

As an “at-will” employment state, Oregon employers are not required to:

  1. provide holidays off for workers
  2. pay workers for being closed on holidays
  3. provide any compensation above the regular rate of pay for work performed on a holiday (unless 40 or more hours are worked in the holiday week, then standard overtime pay is mandatory)

The only exceptions to this rule are if your employer has a written policy (like an employee handbook) that states holiday pay is given or if you are covered by a collective bargaining agreement.

Source:
BOLI: http://www.oregon.gov/BOLI/TA/T_FAQ_Holidaypay.shtml
http://www.oregon.gov/BOLI/TA/TA_COL_122407_Holiday_Pay.pdf

Minimum Wage

Posted in Minimum Wage, Pay & Wages with tags , , , , , , on October 16, 2008 by pdxrwa

As of January 1st, 2012, the Oregon minimum wage is $8.80 per hour.  State law requires the minimum wage to be adjusted annually based on inflation as measured by the Consumer Price Index (CPI).

Oregon law requires employers to pay at least the minimum wage during all stages of employment, including any on-the-job training. Employers in Oregon may not use any amount of an employee’s tips as a credit against the minimum wage.

If an employer fails to pay the full minimum wage for all hours worked in any given workweek (for example, by failing to pay for some of the hours worked, or by deducting amounts from the wages paid), then the employer must pay the employee an Oregon penalty and a Federal penalty. The Federal penalty is equal to the amount of unpaid minimum wages (sometimes referred to as “double for your trouble”). The Oregon penalty is up to 30 days’ wages (8 hours per day x 30 days x the employee’s wage rate).

This information and more is available by visiting these websites: BOLI and ORS 653.025

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Overtime

Posted in Overtime, Pay & Wages with tags , on October 15, 2008 by pdxrwa

Work over forty hours a week is entitled to overtime pay of 1.5 times your regular rate of pay. The work week is determined by a seven day period of 168 hours picked by the employer. It could start on any day of the week so ask your boss or manager on what day your work week starts if you are likely to exceed 40 hours in a seven day period.

Overtime pay is restricted to work performed in a week and does apply to a single work period since Oregon law sets no limits on the number of hours worked in one day.

If an employer fails to pay the full amount of overtime for any given workweek (for example, by failing to pay overtime for some of the hours worked, or by deducting amounts from the wages paid), then the employer must pay the employee an Oregon penalty and a Federal penalty. The Federal penalty is equal to the amount of unpaid overtime (sometimes referred to as “double for your trouble”). The Oregon penalty is up to 30 days’ wages (8 hours per day x 30 days x the employee’s wage rate).

Wage & Tip Deductions

Posted in Pay & Wages, Wage & Tip Deductions with tags , , , , , , on October 14, 2008 by pdxrwa

An employer can legally deduct wages for the following, if authorized by law or the employee:

• taxes or garnishments (ex. social security, child support)

• union dues authorized by a collective bargaining agreement

• health insurance premiums

An employer cannot legally deduct wages (or tips) for the following:

• damages to employer property (ex. broken dishes, dropped food)

• register shortages

• accepting bad checks from customers

• walk-out customers

• uniforms, name tags, aprons, or tools required for the job

• laundry or cleaning of uniforms

• breakage or loss of tools, equipment or uniforms

If an employer deducts any amount from an employee’s pay, the employer must return that amount and pay the employee a penalty for each wrongful deduction. The penalty is equal to the amount of the deduction, or $200, whichever is greater.

The information and more is available by visiting these website and pages: BOLI, ORS 652.610(3), OAR 839-020-0020

Credit Card

Where tips are charged on a credit card and the employer must pay the credit card company a percentage on each sale, then the employer may pay the employee the tip, less that percentage (and only that percentage). The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company.

For more information, see the U.S. Department of Labor’s Fact Sheet on the Fair Labor Standards Act (FLSA): U.S. Department of Labor

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