Oregon overtime pay law: 2 years to file

the short answer

Oregon's overtime threshold is set by rule rather than by statute: ORS 653.261 lets the labour commissioner fix maximum hours, "but not less than eight hours per day or 40 hours per workweek". What is distinctly Oregon is the penalty for not paying up when the job ends — your wages keep running at eight hours a day for up to 30 days.

source ↗Not yet checked against the statute.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

plain englishPast 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

Which overtime law applies in Oregon?

governing statute

ORS 653.261

source ↗Not yet checked against the statute.

What can you recover for unpaid overtime in Oregon?

penalty

The full amount of the wages, plus the penalty wages of ORS 652.150: your pay continues at the same hourly rate for eight hours a day until paid, for up to 30 days. Give written notice of the nonpayment and the penalty is capped at 100 percent of the unpaid wages, unless the employer still fails to pay within 12 days of that notice.

source ↗Not yet checked against the statute.

Where do you report unpaid overtime in Oregon?

free route

The Bureau of Labor and Industries takes a wage claim through its Complaint Resolution Center, and unpaid overtime is one of the things it names a wage claim for, alongside not being paid at all, being paid under the minimum wage, and a missing final paycheck.

source ↗Not yet checked against the statute.

Which court hears a case like this in Oregon?

which court

Justice court, small claims department

source ↗Not yet checked against the statute.

How much can you sue for in Oregon small claims court?

small claims limit

$10,000

source ↗Not yet checked against the statute.

exceptions: A claim of $750 or less has to be brought here. Above that, up to the limit, it is your choice.

source ↗Not yet checked against the statute.

What else should you know in Oregon?

also

ORS 653.055 is what joins the two: an employer who pays less than the required wage owes the wages and the ORS 652.150 penalties, and an agreement to work for less is no defence.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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Can I sue for unpaid overtime in Oregon?

Which overtime law applies in Oregon?

What can you recover for unpaid overtime in Oregon?

Where do you report unpaid overtime in Oregon?

Which court hears a case like this in Oregon?

How much can you sue for in Oregon small claims court?

What else should you know in Oregon?

That is the rule. Whether it is your answer is a different question.