Oregon Final Paycheck Law — Deadline & Penalty Calculator

Frequently Asked Questions

• When is a final paycheck due if I was fired in Oregon?

  If your employer fires, discharges, or lays you off in Oregon, your final paycheck — including all earned wages, commissions, and other compensation — must be paid by the end of the next business day. For example, if you are terminated on a Monday, your employer must pay you by Tuesday end of business. This is one of the strictest deadlines in the US. Source: ORS 652.140(1), as of 2026.

• What is the final paycheck deadline if I quit with notice in Oregon?

  If you resign and give your employer at least 48 hours written advance notice, your final paycheck is due on your last day of employment. If your last day falls on a weekend or holiday, it is due on the next business day. The 48-hour notice period must be in writing — verbal notice may not satisfy Oregon's requirement. Source: ORS 652.140(2)–(3), as of 2026.

• What if I quit without giving 48 hours notice in Oregon?

  If you resign without giving at least 48 hours written notice, your employer has until the earlier of 5 business days or the next regular payday to issue your final paycheck. Weekends and legal holidays do not count as business days. If your next regular payday falls within 5 business days, that earlier date is the deadline. Source: ORS 652.140(2), as of 2026.

• How is the penalty wage calculated for a late Oregon final paycheck?

  Under ORS 652.150, the penalty is 8 times the employee's regular daily wage for each calendar day the paycheck is late, up to 30 days. The daily wage is calculated as 8 hours × hourly rate. So the penalty per day equals 8 hours × hourly rate × 8 (the multiplier), or 64 hours of wages per late day. At $20/hour: $20 × 64 = $1,280 per day, maxing out at $38,400 after 30 days.

• Can the Oregon final paycheck penalty be reduced or waived?

  Yes, under a limited exception. If the employer pays all outstanding wages within 12 days of receiving written notice from the employee (for example, a demand letter), the penalty is capped at 100% of the unpaid wages rather than 30 days of penalty wages — but only if the employer has not committed a willful violation in the prior year. Employees should send demand letters via certified mail to document the 12-day clock. Source: ORS 652.150(3), as of 2026.

• Does Oregon's final paycheck law cover unused vacation pay?

  Accrued, unused vacation must be included in the final paycheck if the employer's policy or employment agreement states that it is payable upon termination. If the employer has a clear written policy that unused vacation is forfeited at termination, Oregon BOLI generally enforces that policy. Oregon does not independently mandate vacation payout — it depends on the employer's policy. As of 2026.

• Can an Oregon employer withhold the final paycheck pending return of equipment?

  No. Oregon employers cannot delay or withhold final wages as leverage for the return of company property, keys, or equipment. Wages must be paid on the applicable deadline regardless of any property dispute. The employer must pursue return of property separately — withholding wages to secure property starts the penalty clock and exposes the employer to liability. Source: Oregon BOLI, as of 2026.

• How do I file a wage claim for a late final paycheck in Oregon?

  You can file a wage claim with Oregon BOLI online at oregon.gov/boli or call their Wage and Hour Division at 971-245-3844. BOLI investigates claims and can order back wages plus penalty wages. Alternatively, you can file a private civil lawsuit under ORS 652.200 to recover unpaid wages, penalty wages, court costs, and attorney fees. The standard statute of limitations for Oregon wage claims is 2 years (6 years for written contract claims). As of 2026.

• Are Oregon final paycheck rules the same as the federal FLSA requirement?

  No — the FLSA has no specific deadline for final paychecks. Under federal law, wages are typically owed on the next regular payday. Oregon's law is far more protective: it requires payment as quickly as the same day (for employees who quit with notice) or the next business day (for discharged employees), and imposes steep penalty wages for non-compliance that have no federal equivalent. As of 2026.

• Do Oregon final paycheck rules apply to seasonal farmworkers?

  Yes, with an even stricter rule. Seasonal farmworkers must receive their final wages immediately at the end of employment, or by noon on the day following termination during harvest season. This acknowledges the temporary nature of agricultural employment and provides extra protection for workers who may be traveling or far from home when the season ends. Source: Oregon BOLI, as of 2026.