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Employer doesn't pay on time Oregon

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  • Employer doesn't pay on time Oregon

    My employer has for the millionth time not paid her employees on time! This time she was 4 days late! Isn't there a law that protects us and reimburses us for such behavior! What are my options other than quitting!!!

  • #2
    You can file a claim with the OR DOL. But expect a claim for someone who is paid, but late, to be a low priority below someone else's claim who is not paid at all.
    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
      I am not an Oregon expert, but I can say having done 30+ state payroll for a bunch of years that late payments to employees are generally not considered to be legally a big deal by most states. In CA for example which is considered to have very tough pro-employee laws, late payment penalties for non-terminated employees go to the state, not the employee. Which does not give the employee much reason to file a compliant since there is no actual upside to them. In many states there are no formal penalties at all for late payments. In many/most states, as long as the payment is eventually made, no harm, no foul, as far as state statutory labor law is concerned.

      At some point, a bad employer is a bad employer. If this is a one time thing, no big deal, but if it keeps happening, it indicates bad things.

      It is possible to file a small ciaims court action and ask for specific damages. Far from certain, but a possibility. But unless OR has very specific law on this subject (anything is possible), this would be an uphill climb.

      Not your question, but late payments to say IRS is a huge deal and employers are strongly recommended to NOT make payments to employees unless/until they are also prepared to fully fund all tax and ERISA benefit liabilities.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)


      • #4

        652.125 Bond required when failure to make timely wage payment occurs; court to enjoin business of employer failing to provide bond. (1) If, upon complaint by an employee, and after investigation, it appears to the Commissioner of the Bureau of Labor and Industries that an employer is failing to pay wages within five days of a payday scheduled by the employer, the commissioner may require the employer to give a bond in such amount as the commissioner determines necessary, with sufficient surety, to assure timely payment of wages due employees for such future period as the commissioner considers appropriate. In lieu of a bond, the commissioner may accept a letter of credit from an issuer approved by the commissioner, upon such terms and conditions and for such amount as the commissioner determines necessary to assure timely payment of wages for such future period as the commissioner determines appropriate.

        (2) If, within 10 days after demand for such bond, the employer fails to provide the same, the commissioner may commence court action against the employer in the circuit court of appropriate jurisdiction to compel the employer to furnish such bond or cease doing business until the employer has done so. The employer shall have the burden of proving the amount thereof to be excessive.

        (3) If the court finds that there is just cause for requiring such bond and that the same is reasonably necessary or appropriate to secure the prompt payment of the wages of the employees of such employer, the court shall enjoin such employer from doing business in this state until the requirement is met, or shall make other, and may make further, orders appropriate to compel compliance with the requirement. [1989 c.651 ยง3]
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