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

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).

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

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

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 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).

• 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