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).
