Final Paycheck

[Ireland]

David, I was hoping you could tell me what Oregon Law states regarding final paychecks.  My husband gave 2 weeks notice and Friday is his last day.  His job is paid by piecework; however, his employer says that they are bound by law to give him his final check on Friday so they are asking him to sign something stating he will accept $10 an hour for 8 hours a day for the last 3 days he works, but he actually works 10-12 hours a day and makes anywhere from $120-$250 a day.  Can they require him to lose that kind of income in the interest of having his final paycheck ready on his last day?  Also, he has told them that is willing to wait for the final paycheck in order to be paid what he earns and they said that their hands are tied and cannot do that.  Is this true?

[varik]

Leslie:

Your husband's final check is due on the last day that he works.  However, if he is paid piecework, and if he is owed more then the $10.00 an hour, his employer has to pay him what he is owed.

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.

Contact the Oregon Dept. of Labor and file a Complaint for unpaid wages if they do not pay your husband what he earned.

Here is the contact info:

Bend

1645 NE Forbes Rd, Suite 106

Bend, OR 97701   Phone: 541-322-2435    

Eugene

1400 Executive Pkwy

Suite 200

Eugene, OR 97401   Phone: 541-686-7623    

Medford

119 N Oakdale Ave

Medford, OR 97501   Phone: 541-776-6270    

Pendleton

1327 SE 3rd St

Pendleton, OR 97801   Phone: 541-276-7884    

Salem

3865 Wolverine Ave NE

Building E, Suite 1

Salem, OR 97305-1268   Phone: 503-378-3292