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Wages and paycheck question Oregon

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  • Wages and paycheck question Oregon

    I have worked for 3 months for a company in Oregon and have not worked in the state before so I wanted to ask 2 questions to help clear some things up for me:

    1. All of my paychecks are handwritten, with no pay-stub or listings of hours worked, deductions, taxes, ect. I am NOT an "under the table" employee or "sub contractor," but a regular full-time employee. From what I have been able to read on the subject Oregon law says my employer is required to provide me with a detailed pay-stub with each check. Is that true and accurate?

    2. When I was hired, it was as for a supervisor's position with an hourly rate higher than the employees I would be supervising. Recently I came to work after my days off to find that I had been demoted from supervisor, without any kind of written or oral notification from any of my bosses. I asked the other supervisor why but he did not know. I then asked if it would reduce my pay rate and was told that it would. I realize it is an underhanded way to treat an empolyee, but is it illegal in any way? And I'm asking about the demotion and change in pay rate: doesn't an employer have to tell you that you are being reduced in pay rate before doing it?

    A fast answer to these questions would be very helpful and thank you.

  • #2
    (1) You are correct in that an itemized pay statement is a requirement established by Oregon statute. Bureau of Labor and Industries is your point contact if you are not receiving said from your employer. Here is a link with additional information: http://www.boli.state.or.us/BOLI/TA/...Tadeduc2.shtml.

    Have you asked for a pay statement and are not receiving one?

    (2) Generally pay cuts are legal provided the pay rate does not fall below your state or federal minimum wage rate (whichever is higher). The standard protocol is that a worker should be informed of the new pay rate prior to working at it.

    You may have a case if employed under an enforceable employment contract or collective bargaining agreement (union).

    I am not specifically aware of any Oregon statute on the requirements on how pay cuts must be implemented. If no statute exists, then what I mention is the standard suggestion. You may want to double check with Bureau of Labor and Industries to see is such provisions exist in Oregon.

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    • #3
      Yes I have asked my employer for pay stubs and why we are not being given itemized pay stubs to start with. I was told the company contracted to print our payroll checks and stubs was fired some time ago and a new one is being sought. However, I do know another co-worker has been asking for pay stub/proof of wages from my boss for over 5 months and has still not received anything.

      As for the wages reduction, I was only told verbally what I my hourly rate would be, there is no specific contract and we are a non-union company. But I still have not been told what my new hourly rate will be now that I am not a supervisor.

      Robb71 thank you for your input and help.

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      • #4
        The law is the law, and I don't think the state would consider "we don't have a payroll company to produce the checks/stubs" as a valid excuse. There's plenty of payroll processing companies out there.

        At this point, it appears this employer isn't going to do what he's required to do by law without a little prodding by the BOLI. I would recommend filing the complaint.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Reporting a violation of the law to the appropriate regulatory authority is generally protected under "whistleblower" laws. Should you be terminated or otherwise adversely treated because you reported a violation, then you would very possibly have a wrongful termination case for which you would need a lawyer. My experience is that judges/juries are not fooled by "made up" termination reasons, should this occur.

          The BOLI is the appropriate agency for reporting the violation. Your choice.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Thank you for the reassurance about not getting detailed pay stubs Pattymd and Robb71.

            Does anyone out there have any more information about my second question? Or suggest a resource to look at that might have more information?
            Last edited by worker2006; 12-28-2006, 12:49 PM. Reason: typo

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            • #7
              A demotion is not illegal. An employer may demote an employee as he finds necessary; he may reduce the wage to reflect the new duties. He is not obligated to provide the employee with a reason, although in some cases it might be appropriate to do so.

              In most states, while they may reduce the employee's wages, it cannot be done retroactively, only going forward.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Right, I understand that it is not illegal to demote me and the company can/will follow it's own policies.
                I should have been more clear in my posting that while I was told my pay rate would be reduced, I have asked my supervisor what the new rate would be and if he does not know could he ask up the company ladder to the boss/owners. No one in my company has given me an answer since last Saturday and I would think that while it may not be illegal, an employee should at least be entitled to know what they are being paid, especially when I have been working hours after the reduction in my hourly wage was to take effect? This is the part that I really have an issue with and am having trouble understanding.

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                • #9
                  Since a decrease is involved, you must be informed of how much the decrease is BEFORE you work the hours at the lower rate. I would suggest that a call to the BOLI might be in order regarding this situation. How long has it been?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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