Employment Law

We intend to place some articles in the near future pertaining to employment law claims. However, everyone should be aware of the following general principles under Oregon law. Union contracts can vary, to some extent, the general rights referenced below.

1. An employer must pay all wages owed upon termination of employment, regardless of the reason for termination. These wages must be paid either on the day of termination, or shortly thereafter (2 - 5 days, depending upon the particular circumstances.) If the wages are not paid, there are statutory penalty and mandatory attorney fees provisions. Under current Oregon law, the concept of wages owed for this purpose includes bonuses and any variety of benefits. This is a good body of law for employees that have been terminated.

2. For non-exempt employees, overtime must always be paid. Overtime is calculated based upon the work week (which also is defined under Oregon law.) Overtime claims are fact-specific, and should be evaluated with an attorney or an appropriate administrative body (such as, in Oregon, the Bureau of Labor and Industries.) The law exempts certain classifications of employees from the overtime rules, however.

In general, the laws are very strong for employees in certain areas, although Oregon is an "employment at will" state. It is important to seek legal advice, as some of the Oregon employment laws are quite technical.

Disclaimer: Nothing contained above or in any portion of this web site constitutes legal advice, or creates an attorney-client relationship.