As of October 2024, the Oregon Bureau of Labor and Industries (BOLI) is implementing a policy that it can no longer investigate wage theft claims from workers earning more than $53,000 per year (approximately $25.34 per hour). This move is part of an effort to manage a backlog of claims and allocate resources to lower-income workers, who are often more vulnerable to wage theft. BOLI cited resource constraints and increasing workloads as key reasons for establishing this threshold. The agency states the reason for the change is it is struggling with underfunding and reduced staff, stating it has around 150 full time staff members. 

BOLI stated that automatic dismissal of around 17% of its cases will occur as a result of the change. This policy change means workers earning above the $53K threshold may have to pursue claims through private lawsuits rather than through BOLI, limiting the state’s involvement in these higher-income cases 

Oregon Wage Theft Claims 

BOLI typically handles various types of wage theft cases, including: 

1. Unpaid Wages: Workers not receiving their agreed-upon compensation for hours worked. 
2. Minimum Wage Violations: Employers paying less than the state-mandated minimum wage. 
3. Overtime Pay: Failure to pay time-and-a-half for hours worked beyond 40 per week. 
4. Illegal Deductions: Employers making unlawful deductions from employee wages (e.g., for uniforms or tools). 
5. Misclassification of Employees: Treating workers as independent contractors to avoid paying wages or benefits 

These same claims are available to workers by filing complaints against companies in court, where workers can pursue unpaid wage claims and hire attorneys to represent them.  Oregon has seen several large wage theft settlements in recent years. One of the most significant was the $18 million settlement with Amazon in 2022, which became the largest wage-and-hour class action settlement in Oregon history. The case involved Amazon warehouse workers who were deprived of pay due to improper rounding practices and insufficient compensation for breaks, resulting in over 40,000 hours of unpaid labor across multiple warehouses over a seven-year period. 

Common industries with wage theft in Oregon include: 

1. Construction: Workers, particularly those working on prevailing wage projects, often face issues like misclassification as independent contractors, irregular payment schedules, and failure to receive overtime pay. 
2. Agriculture: Farmworkers, who are often immigrants or seasonal laborers, are particularly vulnerable to wage theft. They frequently face underpayment for long hours, unpaid breaks, and being forced to work off the clock. 
3. Hospitality and Food Service: Wage theft in restaurants, hotels, and food service includes practices such as tip theft, failure to pay overtime, and making employees work off the clock. These issues are common in fast food and other low-wage restaurant jobs 
4. Retail: Retail workers often face similar issues, such as unpaid overtime and being asked to work off the clock without compensation 
5. Healthcare and Home Care: Home health aides and other low-wage healthcare workers are also frequent victims of wage theft, including improper deductions and failure to pay for travel time between work sites. 

Oregon workers have protections both from Oregon state law, and federal.  The main federal labor laws are  

Oregon Wage Theft Attorneys 

Schneider Wallace is a national law firm that, by partnering with local firms, can assist clients in any jurisdiction in the country. Contact us to schedule an appointment with our experienced employment class action litigation lawyers.  

If you believe you are not being paid for all of the time you have worked, or are not being paid the overtime due to you, we invite you to schedule a consultation with an employment law attorney at our offices. Schneider Wallace Cottrell Konecky LLP is a national law firm that represents employees in a wide range of employment law cases, including class action lawsuits involving the failure to pay wages, overtime pay and commissions. Contact us at 1-800-689-0024 or info@schneiderwallace.com.