Archive for the Pay & Wages Category

Rounding Hours

Posted in Know Your Rights, KNOW YOUR RIGHTS: A RESTAURANT WORKER'S SURVIVAL GUIDE, Rounding Hours on April 27, 2009 by pdxrwa

It is common for employers to have a practice of rounding a worker’s hours for a shift.  However, the U.S. Department of Labor maintains clear guidelines regarding how this must be done.

Code of Federal Regulations Pertaining to the Employment Standards Act:

“It has been found that in some industries, particularly where time clocks are used, there has been the practice for many years of recording the employees’ starting time and stopping time to the nearest 5 minutes, or to the nearest one-tenth or quarter of an hour. Presumably, this arrangement averages out so that the employees are fully compensated for all the time they actually work. For enforcement purposes this practice of computing working time will be accepted, provided that it is used in such a manner that it will not result, over a period of time, in failure to compensate the employees properly for all the time they have actually worked.” 29 CFR 785.48(b)

Since Oregon law does not discuss hour rounding, BOLI would likely look toward the federal standards if a case was filed.  Below are recommendations posted on the BOLI website.

Thus, rounding is generally allowable as long as the following criteria are met:
1. The rounding works both ways (“for” and “against” the employee),
2. The employer does not round in increments longer than 15 minutes, and
3. The rounding works out so that the employee is still fully paid for all hours actually worked.

For more information:

http://www.boli.state.or.us/BOLI/TA/TA_COL_012307_Rounding_Hours.pdf

Credit Card Tips

Posted in Know Your Rights, KNOW YOUR RIGHTS: A RESTAURANT WORKER'S SURVIVAL GUIDE, Pay & Wages on December 5, 2008 by pdxrwa

When 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 withhold that percentage from the tip when the tip is paid to the employee. The amount due the worker 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.

Source: U.S. Department of Labor, Fair Labor Standards Act (FLSA)

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

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).

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