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Final paycheck law in Oregon: when your last wages are due

Oregon sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
ORS 652.140; ORS 652.150 (penalty wages)
If you were fired
On discharge, all wages earned and unpaid are due and payable within 48 hours, excluding weekends and holidays (ORS 652.140).
If you resigned
If you quit without giving at least 48 hours' notice, all wages earned are due and payable within five days (ORS 652.140). If you gave at least 48 hours' notice, wages are due within 48 hours or by the next regular payday, whichever the employer chooses.
If you were laid off
A layoff is a discharge for this purpose: wages due within 48 hours, excluding weekends and holidays.
Late-pay penalty
ORS 652.150: if wages are not paid when due, the employer owes penalty wages equal to eight hours' pay at the employee's regular rate for each day the wages remain unpaid, up to 30 days.
Unused vacation
Oregon treats accrued vacation as wages when the employer's policy creates the right; earned vacation is payable at separation unless a valid policy provides otherwise.
Commissions & bonus
Commissions earned under the agreed plan are wages under ORS 652.140 and follow the 48-hour deadline at separation.
Where to file
Oregon Bureau of Labor and Industries (BOLI) · 971-673-0761
Small claims limit
$10,000 for an individual — Circuit court small claims up to $10,000. · court self-help
Last verified
2026-11-03 single source

What Oregon law actually requires

On discharge, all wages earned and unpaid are due and payable within 48 hours, excluding weekends and holidays (ORS 652.140).

If you quit without giving at least 48 hours' notice, all wages earned are due and payable within five days (ORS 652.140). If you gave at least 48 hours' notice, wages are due within 48 hours or by the next regular payday, whichever the employer chooses.

Oregon treats accrued vacation as wages when the employer's policy creates the right; earned vacation is payable at separation unless a valid policy provides otherwise.

Commissions earned under the agreed plan are wages under ORS 652.140 and follow the 48-hour deadline at separation.

What being late is worth

ORS 652.150: if wages are not paid when due, the employer owes penalty wages equal to eight hours' pay at the employee's regular rate for each day the wages remain unpaid, up to 30 days.

At $20/hour (a $160 daily wage) and 10 days late, the possible additional amount is about $1,600.00. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Oregon Bureau of Labor and Industries (BOLI), which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Oregon is $10,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Oregon

When is my final paycheck due in Oregon?

On discharge, all wages earned and unpaid are due and payable within 48 hours, excluding weekends and holidays (ORS 652.140).

I quit — does the deadline change in Oregon?

If you quit without giving at least 48 hours' notice, all wages earned are due and payable within five days (ORS 652.140). If you gave at least 48 hours' notice, wages are due within 48 hours or by the next regular payday, whichever the employer chooses.

Does Oregon require unused vacation to be paid out?

Oregon treats accrued vacation as wages when the employer's policy creates the right; earned vacation is payable at separation unless a valid policy provides otherwise.

What can I do if my employer misses the deadline in Oregon?

Two routes: file a wage claim with the Oregon Bureau of Labor and Industries (BOLI) (https://www.oregon.gov/boli/pages/index.aspx), or sue in small claims court where an individual's claim limit is $10,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

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