Oregon · final-pay penalty wages · ORS 652.150
Oregon penalty wages (ORS 652.150)
ORS 652.150 / OAR 839-001-0470 / BOLI Paychecks: willful failure to pay final wages → eight hours × hourly × min(calendar days late, 30). 100% of unpaid wages caps the penalty unless the employee gives written notice and the employer fails to pay within 12 days (or a prior-year 652.140/145 violation / same-date other terminations). Always 8h/day — not CA LC 203's usual day. Classic: 30 days @ $10, unpaid $400, no notice → $400 (CA same stretch → $2,400). Ten days @ $20 with notice + 12-day fail → $1,600. Not CA LC 203. Not OR minors report.
What this page computes
Enter separation type, last day worked, paid date (or as-of if still unpaid), hourly rate, unpaid final wages, and the written-notice / 12-day toggles. The ticket shows 8h × rate, calendar days late, raw 30-day penalty, whether the 100% cap applied, and the payable penalty. This is not a weekly punch OT calculator — use /oregon-manufacturing-overtime/ for mill/factory OT.
In scope
- Willful failure to pay final wages under ORS 652.140 / 652.145 → 652.150 penalty
- Always 8 hours per day at the hourly rate, max 30 calendar days
- 100% unpaid-wages cap unless written notice + 12-day fail (or (4) unlock)
- Discharge due next business day; quit ≥48h notice due last day; quit without notice +5 business days
- Financial inability and 140(2)(c) estimate exception (penalty off)
Out of scope
- California LC 203 usual-day waiting-time penalty (separate page)
- Oregon minor reporting-time (OAR 839-021-0087(5))
- Oregon manufacturing / public-works / agricultural overtime
- BOLI civil $1,000 penalty payable to the state
- Motor-vehicle / farm-implement commission special cap in 652.150(3)
Classic BOLI / statutory contrast
Discharge Fri 5/3 unpaid until Fri 6/14; $10/h; $400 still unpaid; no written notice → 30 × 8 × $10 = $2,400 raw, capped at $400.
Same with written notice and a 12-day fail → $2,400.
Same facts on /california-waiting-time-penalty/ → $2,400 with no unpaid-wages cap.
Ten days @ $20, unpaid $400, notice + 12-day fail → $1,600; without notice → $400.
Sources
- ORS chapter 652 (Oregon Legislature) — § 652.150 (HTTP 200)
- ORS 652.150 — Penalty wage for failure to pay wages on termination
- BOLI Paychecks FAQ — eight times regular rate per day, 30-day max, 100% / 12-day notice
- OAR 839-001-0470 — hourly × 8 hours × days unpaid, max 30
Related
CA waiting-time penalty (LC 203) · OR minors report · OR manufacturing OT · OR ag OT
Is the daily unit always 8 hours?
Yes. ORS 652.150(1) continues wages “at the same hourly rate for eight hours per day.” BOLI: “eight times the employee’s regular rate of wage for each day.” California LC 203 instead uses the usual day’s wages, including regularly scheduled overtime.
How does the 100% cap unlock?
Give written notice that includes the estimated amount (or facts enough to estimate). If the employer still has not paid in full 12 days after receiving that notice, the penalty may run to the full 30-day 8-hour amount even if that exceeds unpaid wages. A prior-year final-pay violation or same-date other terminations also turn subsection (2) off.
Does financial inability wipe the penalty?
Yes, if the employer shows financial inability to pay the wages when they accrued (ORS 652.150(5)). California LC 203 does not treat inability to pay as a defense.
Same as California waiting-time penalty?
No. /california-waiting-time-penalty/ is LC 203 (usual day’s wages × calendar days, no 100% unpaid cap). This page is Oregon’s 8-hour / 100%-cap statute.