652.140
Payment of wages on termination of employment; exception for collective
bargaining. (1)
When an employer discharges an employee or when employment is terminated by
mutual agreement, all wages earned and unpaid at the time of the discharge or
termination become due and payable not later than the end of the first business
day after the discharge or termination.
(2)(a) When an
employee who does not have a contract for a definite period quits employment,
all wages earned and unpaid at the time of quitting become due and payable
immediately if the employee has given to the employer not less than 48 hours’
notice, excluding Saturdays, Sundays and holidays, of intention to quit
employment.
(b) Except as
provided in paragraph (c) of this subsection, if the employee has not given to
the employer the notice described in paragraph (a) of this subsection, the
wages become due and payable within five days, excluding Saturdays, Sundays and
holidays, after the employee has quit, or at the next regularly scheduled
payday after the employee has quit, whichever event first occurs.
(c) If the
employee has not given to the employer the notice described in paragraph (a) of
this subsection and if the employee is regularly required to submit time
records to the employer to enable the employer to determine the wages due the
employee, within five days after the employee has quit the employer shall pay
the employee the wages the employer estimates are due and payable. Within five
days after the employee has submitted the time records, all wages earned and
unpaid become due and payable.
(3) For the
purpose of this section, if employment termination occurs on a Saturday, Sunday
or holiday, all wages earned and unpaid shall be paid no later than the end of
the first business day after the employment termination, except that if the
employment is related to activities authorized under ORS chapter 565, all wages
earned and unpaid shall be paid no later than the end of the second business
day after the employment termination.
(4) The employer
shall forward such wages by mail to any address designated by the employee if
the employee requests the employer so to do. An employer may deposit such wages
without discount in the employee’s account in a financial institution, as
defined in ORS 706.008, in this state, provided the employee and the employer
have agreed to such deposit.
(5) This section
does not apply to employment for which a collective bargaining agreement
otherwise provides for the payment of wages upon termination of employment.
(6) When a
termination of employment results from the sale of a business or business
property and the purchaser employs or continues the employment of an individual
employed at the business, this section does not apply to the payment to such an
individual of wages for earned but unused accrued holiday leave, sick leave,
vacation leave or other leave benefits payable upon termination of employment
pursuant to a collective bargaining or other employment agreement or employer
policy, if the following conditions are met:
(a) On the first
day of such an individual’s continued employment the purchaser of the business
credits the individual with all such earned but unused accrued leave; and
(b) The leave,
when used, is paid at a rate not less than the rate at which the leave was
earned or, if paid at a lesser rate, the number of hours credited is increased
to compensate the individual for any difference. [Amended by 1957 c.242 §1;
1975 c.192 §1; 1991 c.966 §1; 1995 c.753 §1; 1997 c.233 §1; 1999 c.59 §192;
2005 c.664 §1]
Notes of Decisions
Migis v. Autozone, Inc. (2016)
orctapp · cites it 18×
“As relevant on appeal, plaintiff alleged, among other claims, that employees were required to work off the clock (the off-the-clock claims) and that defendant would not timely pay final wages as required by ORS 652.140 (the final-wages claim). Plaintiff sought class…”
Wyatt v. Body Imaging, P.C. (1999)
orctapp · cites it 23×
“Plaintiff initiated this action for unpaid wages under ORS 652.140 et seq. (the Wage Claim Act), alleging that defendant failed to pay her $242.”
Matteo Brunozzi v. Cable Communications, Inc. (2017)
ca9 · cites it 4×
“§ 207 , and Oregon’s statutory requirement that an employer pay all wages earned and unpaid after terminating an employee, ORS 652.140. Brunozzi additionally alleges that CCI violated Oregon’s laws prohibiting discrimination against a private employee who engages in…”
North Marion School District 15 Ex Rel. Trejo v. Acstar Insurance (2007)
or · cites it 16×
“150(1): "[I]f an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 * * *, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the…”
Pascoe v. Mentor Graphics Corp. (2001)
ord · cites it 18×
“Pascoe’s oral motion for partial summary judgment as to the third claim for relief is granted for penalties both for violating ORS 652.140 and for violating either FLSA minimum wage provision or ORS 653.”
Hurger v. Hyatt Lake Resort, Inc. (2000)
orctapp · cites it 26×
“Plaintiffs are former employees of defendant, to whom defendant did not pay post-termination wages until approximately two weeks after the time allowed by ORS 652.140 had elapsed. Consequently, plaintiffs brought these actions, contending in their first claims that defendant…”
Thomas v. US Bank National Association (2011)
orctapp · cites it 9×
“Bank National Association, challenges the trial court’s order denying defendant’s motion to dismiss or, in the alternative, to strike plaintiffs’ class-related claims in an action seeking penalties for untimely paid termination wages, see ORS 652.140; ORS 652.150. Defendant,…”
Cramblit v. Diamond B Constructors (2005)
orctapp · cites it 13×
“The complaint clearly specifies that plaintiff seeks penalty wages under ORS 652.140 and ORS 652.150, not under the CBA.”
Cornier v. Paul Tulacz, DVM PC (2001)
orctapp · cites it 12×
“261, and that when she quit defendant willfully failed to pay her accumulated vacation wages, a violation of ORS 652.140. In addition to the unpaid sums, plaintiff also sought two statutory penalties, one for each violation.”
Smoldt v. Henkels & McCoy, Inc. (2002)
or · cites it 15×
“” When considered in the context of the other provisions of ORS 652.140, the meaning of “otherwise” is unambiguous.”
Mathis v. Housing Authority of Umatilla County (2002)
ord · cites it 10×
“Her claims include failure to pay final wages when due in violation of ORS 652.140 1 (First Claim) and failure to pay overtime wages in violation of 29 USC § 207 (“FLSA”) 2 and ORS 653.”
— Or. Rev. Stat. § 652.140(1) — 33 cases
North Marion School District 15 Ex Rel. Trejo v. Acstar Insurance (2007)
or
“150(1): "[I]f an employer willfully fails to pay any wages or compensation of any employee whose employment ceases, as provided in ORS 652.140 * * *, then, as a penalty for the nonpayment, the wages or compensation of the employee shall continue from the due date thereof at the…”
Cramblit v. Diamond B Constructors (2005)
orctapp
“The complaint clearly specifies that plaintiff seeks penalty wages under ORS 652.140 and ORS 652.150, not under the CBA.”
— Or. Rev. Stat. § 652.140(2) — 11 cases
Smoldt v. Henkels & McCoy, Inc. (2002)
or
“” When considered in the context of the other provisions of ORS 652.140, the meaning of “otherwise” is unambiguous.”
Wyatt v. Body Imaging, P.C. (1999)
orctapp
“Plaintiff initiated this action for unpaid wages under ORS 652.140 et seq. (the Wage Claim Act), alleging that defendant failed to pay her $242.”
— Or. Rev. Stat. § 652.140(2)(a) — 4 cases
— Or. Rev. Stat. § 652.140(2)(b) — 2 cases
— Or. Rev. Stat. § 652.140(2)(c) — 1 case
— Or. Rev. Stat. § 652.140(5) — 5 cases
Cramblit v. Diamond B Constructors (2005)
orctapp
“The complaint clearly specifies that plaintiff seeks penalty wages under ORS 652.140 and ORS 652.150, not under the CBA.”
Smoldt v. Henkels & McCoy, Inc. (2002)
or
“” When considered in the context of the other provisions of ORS 652.140, the meaning of “otherwise” is unambiguous.”
— Or. Rev. Stat. § 652.140(6) — 2 cases
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