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Oregon Payout of Accrued PTO

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  • Oregon Payout of Accrued PTO

    I received my final paycheck and never got my accrued PTO paid to me. I worked in Oregon for a company based in California, does Oregon law apply? My friend told me that if a company is based in California that California law supercedes and it is my understanding that accrued PTO in California is included
    with final pay.
    So my questions are;
    1. Does my employer have to pay PTO?
    2. Are the laws different depending on what state a company is based?

    I hope someone can help!!

  • #2
    If you worked in Oregon, Oregon laws apply.

    1.) Oregon law does not require that you be paid outstanding vacation or PTO unless there is a company policy that says otherwise.

    2.) Yes, the laws vary from state to state. As already indicated, the laws that apply to any given employee is the law of the state in which he works, not the laws of the state the company is based in
    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.


    • #3
      Oregon PTO Reply

      I cannot find a specific company policy regarding PTO payout, however four employees were recently let go: 2 fired and two laid off and they received their PTO. Does that establish policy. Also my PTO is reflected on my paychecks...I thought that is considered earnings.
      Your clarification is appreciated!


      • #4
        Two out of four would not a policy make, in my opinion. The fact that the hours are reflected on your paystub does not impute any right to payment of PTO upon termination.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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