Dealing With Unpaid Wages in Oregon
My employer hasn't paid me — here's what Oregon law says and what to do next.
Statute: Or. Rev. Stat. § 652.140
Deadline: 5 days
Penalty: Employer may be liable for a penalty of up to thirty (30) days' wages as a penalty for willful failure to pay, plus reasonable attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Oregon differs from federal law
Oregon has a tiered minimum wage system based on geographic region (rates effective July 1, 2025):
- Portland metro: $16.30/hr
- Standard (most of state): $15.05/hr
- Non-urban counties: $14.05/hr
- Oregon does not allow a tip credit — full minimum wage must be paid regardless of tips
- All tiers adjust annually on July 1 based on CPI, as announced by BOLI each spring
Additional steps in Oregon
File with Oregon BOLI at (971) 245-3844 or oregon.gov/boli.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Oregon, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Oregon.