WAGE CLAIM DEMAND LETTER -- STATE OF OREGON

Pursuant to ORS Chapter 652 and Oregon Minimum Wage Law (ORS Chapter 653)

TABLE OF CONTENTS

1. Parties and Identification
2. Purpose and Demand Summary
3. Employment Background and Factual Basis
4. Legal Basis for Claim
5. Itemized Wage Calculation
6. Formal Demand for Payment
7. Consequences of Non-Payment
8. Oregon Administrative Filing Information
9. Signature and Verification
10. Notary Acknowledgment
11. Certificate of Service
12. Sources and References

1. PARTIES AND IDENTIFICATION

DATE OF DEMAND LETTER: [__/__/____]

CLAIMANT (Employee)

RESPONDENT (Employer)

2. PURPOSE AND DEMAND SUMMARY

This letter constitutes a formal written demand for the immediate payment of all wages, compensation, penalty wages, and related amounts owed to the undersigned Claimant by the Respondent employer, pursuant to Oregon Revised Statutes Chapter 652 and related provisions.

Total Amount Demanded: $[________________________________]

This amount includes unpaid wages, accrued penalty wages under ORS 652.150, and all other compensation owed as itemized herein.

NOTICE: Under ORS 652.150, penalty wages accrue at the Claimant's regular hourly rate multiplied by eight (8) hours per day for each day that wages remain unpaid following termination, up to a maximum of thirty (30) days. Penalty wages continue to accrue until payment is received or civil action is commenced. Immediate payment is therefore in your financial interest.

3. EMPLOYMENT BACKGROUND AND FACTUAL BASIS

3.1 Employment Information

3.2 Compensation Details

3.3 Factual Narrative

The Claimant was employed by Respondent from [__/__/____] through [__/__/____], performing work as a [________________________________] at the Respondent's place of business located at [________________________________], in [________________________________] County, Oregon.

During the course of employment, the Claimant's agreed rate of compensation was $[____] per hour / $[________________________________] annual salary. The Claimant's regular work schedule was approximately [____] hours per week.

The Claimant's employment was separated on [__/__/____] under the following circumstances:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Following separation, the Respondent has failed to pay the Claimant the following wages and compensation owed:

☐ Regular unpaid wages for hours worked during the pay period(s) of [________________________________]

☐ Overtime compensation owed for hours worked in excess of forty (40) hours in one or more workweeks

☐ Final paycheck not issued within the time required by ORS 652.140

☐ Minimum wage violations (hourly rate paid below Oregon minimum wage for applicable tier)

☐ Unlawful deductions from wages in violation of ORS 652.610

☐ Unpaid accrued vacation / paid time off owed under employer policy or agreement

☐ Unpaid commissions earned prior to separation

☐ Unpaid bonuses earned prior to separation

☐ Failure to provide itemized pay statements as required by ORS 652.610

☐ Other: [________________________________]

4. LEGAL BASIS FOR CLAIM

4.1 Oregon Wage Payment Requirements (ORS Chapter 652)

Oregon law provides robust protections for employees with respect to the timely and complete payment of all earned wages. The Claimant relies upon the following statutory provisions:

ORS 652.110 -- Method of Paying Employees. Every employer shall pay employees all wages due in lawful currency of the United States or by check or direct deposit. No employer shall issue any check that is not negotiable and payable upon demand at a bank or other recognized depository.

ORS 652.120 -- Establishing Regular Payday. Every employer is required to establish and maintain a regular payday on which all wages due and owing to employees shall be paid. The payday may not extend beyond thirty-five (35) days from the time the employee entered upon work, or from the date of the last regular payday.

ORS 652.140 -- Payment of Wages on Termination of Employment. When an employer discharges an employee, or when employment is terminated by mutual agreement, all wages earned and unpaid at the time of discharge or termination shall become due and payable not later than the end of the first business day after the discharge or termination. When an employee who does not have a contract for a definite period quits employment, wages become due within the following timeframes:

• If at least 48 hours' notice of quitting is given: Final wages are due on the last working day of the employee, unless the last day falls on a Saturday, Sunday, or holiday -- in which case, by the end of the next business day.
• If less than 48 hours' notice is given (excluding weekends/holidays): Final wages are due within five (5) business days or on the next regular payday, whichever occurs first.

ORS 652.145 -- Payment of Wages When Employee Unable to Continue. When an employee is unable to continue employment due to a labor dispute, all wages earned and unpaid become due and payable at the next regular payday.

ORS 652.150 -- Penalty Wages for Failure to Pay on Termination. If an employer willfully fails to pay any wages or compensation of any employee whose employment has ceased, as required by ORS 652.140 and 652.145, the wages of the employee shall continue from the due date thereof at the same hourly rate for eight (8) hours per day until paid or until action therefor is commenced. However, in no case shall this penalty wages period exceed thirty (30) days from the date the wages were due.

The maximum penalty wage amount is calculated as:

Employee's Hourly Rate x 8 Hours x 30 Days = Maximum Penalty

If the employee or their representative sends a written notice of nonpayment, the penalty may not exceed the greater of one hundred percent (100%) of the unpaid wages or the penalty otherwise calculated, unless the employer fails to pay the full amount of wages due within twelve (12) days of receiving such written notice.

ORS 652.160 -- Payment of Wages in Case of Dispute. In case of a dispute over wages, the employer must pay all wages conceded to be due, without condition, and within the time required by ORS 652.140. The employee retains all remedies for any additional balance claimed.

ORS 652.200 -- Attorney Fees. In any action for the collection of wages, if it is shown that the wages were not paid within the time required, the court shall award the employee reasonable attorney fees.

ORS 652.230 -- Employee Right of Action for Unpaid Wages and Damages. An employee has a private right of action against the employer for unpaid wages. The statute of limitations for penalty wage claims is one (1) year; the general statute of limitations for unpaid wage claims is six (6) years under contract law principles.

4.2 Oregon Minimum Wage Law (ORS Chapter 653)

Oregon maintains a three-tiered minimum wage system, adjusted annually for inflation. As of July 1, 2025, through June 30, 2026, the minimum wage rates are:

If the Claimant was paid below the applicable minimum wage rate for the county in which work was performed, the Respondent has violated ORS 653.025 and is liable for the difference between wages paid and the minimum wage rate, multiplied by all hours worked during the violation period.

4.3 Oregon Overtime Provisions

Under ORS 653.261, employers are required to pay overtime compensation at one and one-half (1.5) times the employee's regular rate of pay for all hours worked in excess of forty (40) hours in any single workweek, unless the employee qualifies for a recognized exemption under ORS 653.020(3).

Certain employees in manufacturing establishments are entitled to overtime for hours exceeding ten (10) hours per day under ORS 652.020.

4.4 Unlawful Deductions (ORS 652.610)

Oregon law requires employers to provide an itemized statement with each wage payment showing the amounts and purposes of all deductions. Employers may not make deductions from wages except as authorized by law, collective bargaining agreement, or express written authorization of the employee, and only when such deductions are for the employee's benefit.

5. ITEMIZED WAGE CALCULATION

5.1 Unpaid Regular Wages

5.2 Unpaid Overtime Wages

5.3 Minimum Wage Differential (If Applicable)

5.4 Other Compensation Owed

5.5 Penalty Wages Under ORS 652.150

5.6 Summary of Total Demand

6. FORMAL DEMAND FOR PAYMENT

The undersigned Claimant hereby makes formal demand upon the Respondent for the immediate payment of the total sum of $[________________________________], as itemized above, representing all unpaid wages, compensation, and statutory penalty wages owed to the Claimant under Oregon law.

Payment Terms

Payment Deadline: Payment in full must be received by the Claimant no later than [__/__/____] (twelve (12) calendar days from the date of this demand letter, in accordance with ORS 652.150).

Acceptable Payment Methods:
- Certified check or cashier's check made payable to [________________________________]
- Wire transfer to an account designated by the Claimant
- Direct deposit to the Claimant's bank account on file

Payment Delivery:
- Mailed to the Claimant at the address listed above, or
- Delivered to: [________________________________]

IMPORTANT: This letter constitutes the written notice of nonpayment referenced in ORS 652.150. If the Respondent fails to pay the full amount of wages due within twelve (12) days of receipt of this notice, the Respondent shall be liable for penalty wages as calculated under ORS 652.150, which may equal up to one hundred percent (100%) of the unpaid wages or the Claimant's regular rate multiplied by eight hours per day for up to thirty (30) days, whichever is greater.

7. CONSEQUENCES OF NON-PAYMENT

If the Respondent fails to satisfy this demand in full by the deadline specified above, the Claimant intends to pursue one or more of the following remedies:

7.1 Administrative Complaint with BOLI

The Claimant may file a wage claim complaint with the Oregon Bureau of Labor and Industries (BOLI). Upon investigation, if BOLI determines that wages are owed, BOLI may order the employer to pay all wages due plus penalty wages. BOLI may also assess a civil penalty of up to $1,000 per violation of ORS 652.140 and 652.145.

7.2 Civil Lawsuit

The Claimant may file a civil action in Oregon circuit court or, for claims within the jurisdictional limit, in small claims court, seeking recovery of:

• All unpaid wages and compensation owed
• Penalty wages under ORS 652.150 (up to 30 days of wages at 8 hours per day)
• Reasonable attorney fees under ORS 652.200 (mandatory upon a finding that wages were not timely paid)
• Court costs and litigation expenses
• Pre-judgment and post-judgment interest as allowed by law

7.3 Federal Claims

If applicable, the Claimant may pursue claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., including:

• Recovery of unpaid minimum wages and/or overtime
• Liquidated damages equal to the amount of unpaid wages (effectively doubling the recovery)
• Reasonable attorney fees and costs
• The FLSA provides a two-year statute of limitations (three years for willful violations)

7.4 Additional Consequences to Employer

• Reports to BOLI may trigger broader audits of the Respondent's wage and hour practices
• Oregon law provides for criminal penalties for certain wage violations
• Repeated or willful violations may result in enhanced penalties and public records

8. OREGON ADMINISTRATIVE FILING INFORMATION

8.1 Bureau of Labor and Industries (BOLI) Wage Claim Process

8.2 Required Documentation for BOLI Complaint

When filing a BOLI wage claim, the Claimant should be prepared to provide:

☐ Completed BOLI Wage Claim Complaint Form (available online)

☐ Copy of this demand letter and proof of delivery

☐ Copies of all pay stubs / wage statements received

☐ Time records, personal calendars, or other evidence of hours worked

☐ Employment contract, offer letter, or hiring documentation

☐ Any correspondence with the employer regarding unpaid wages

☐ Witness statements (if applicable)

☐ Copies of any bounced or dishonored paychecks (if applicable)

8.3 BOLI Investigation Process

1. BOLI reviews the complaint for completeness and jurisdiction
2. BOLI contacts the employer and requests a response
3. Investigation may include document review, interviews, and on-site inspections
4. If a violation is found, BOLI issues an order directing payment of wages owed, penalty wages, and civil penalties
5. Either party may request a contested case hearing before an administrative law judge
6. BOLI orders are enforceable as court judgments

8.4 Alternative: Small Claims Court

For claims up to $10,000, the Claimant may file in Oregon Small Claims Court. Small claims proceedings do not allow attorney representation, but filing fees are minimal and the process is expedited.

9. SIGNATURE AND VERIFICATION

I, the undersigned Claimant, declare under penalty of perjury under the laws of the State of Oregon that the foregoing statements are true and correct to the best of my knowledge and belief. I have personal knowledge of the facts set forth in this demand letter, including the hours worked, wages earned, and amounts unpaid.

Claimant Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

10. NOTARY ACKNOWLEDGMENT

STATE OF OREGON

COUNTY OF [________________________________]

On this [____] day of [________________________________], 20[____], before me personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Notary Public Signature: _______________________________________________

Printed Name of Notary: [________________________________]

My Commission Expires: [__/__/____]

Notary Seal/Stamp:

[SPACE FOR NOTARY SEAL]

11. CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I caused a true and correct copy of this Wage Claim Demand Letter, together with all attachments and exhibits, to be served upon the Respondent by the following method(s):

☐ Certified U.S. Mail, Return Receipt Requested
- Tracking Number: [________________________________]
- Addressed to: [________________________________]

☐ Regular First-Class U.S. Mail
- Addressed to: [________________________________]

☐ Personal / Hand Delivery
- Delivered to: [________________________________]
- Date and Time of Delivery: [__/__/____] at [____]
- Name of Person Accepting Delivery: [________________________________]

☐ Email Delivery
- Email Address: [________________________________]
- Date and Time Sent: [__/__/____] at [____]

☐ Facsimile Transmission
- Fax Number: [________________________________]
- Date and Time of Transmission: [__/__/____] at [____]
- Confirmation of Transmission: ☐ Yes ☐ No

☐ Commercial Delivery Service (FedEx, UPS, etc.)
- Carrier: [________________________________]
- Tracking Number: [________________________________]

Signature: _______________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

12. SOURCES AND REFERENCES

Oregon Statutes

• ORS Chapter 652 -- Hours; Wages; Wage Claims; Records: https://www.oregonlegislature.gov/bills_laws/ors/ors652.html
• ORS § 652.140 -- Payment of Wages on Termination: https://oregon.public.law/statutes/ors_652.140
• ORS § 652.150 -- Penalty Wages: https://oregon.public.law/statutes/ors_652.150
• ORS § 652.120 -- Establishing Regular Payday: https://oregon.public.law/statutes/ors_652.120
• ORS § 652.200 -- Attorney Fees in Wage Actions: https://oregon.public.law/statutes/ors_652.200
• ORS § 652.230 -- Employee Right of Action: https://oregon.public.law/statutes/ors_652.230
• ORS § 652.610 -- Itemized Statement of Deductions: https://oregon.public.law/statutes/ors_652.610
• ORS Chapter 653 -- Minimum Wage Law: https://www.oregonlegislature.gov/bills_laws/ors/ors653.html

BOLI Resources

• BOLI Wage Claim Filing: https://www.oregon.gov/boli/workers/pages/wageclaim.aspx
• BOLI Online Complaint Portal: https://complaints.boli.oregon.gov/
• BOLI Paychecks Information: https://www.oregon.gov/boli/workers/pages/paychecks.aspx
• Oregon Minimum Wage Schedule: https://www.oregon.gov/boli/workers/pages/minimum-wage-schedule.aspx

Federal Law

• Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq.: https://www.dol.gov/agencies/whd/flsa
• U.S. Department of Labor -- Wage and Hour Division: https://www.dol.gov/agencies/whd

This document was prepared as a wage claim demand letter under Oregon law. It is intended for use by employees or their legal representatives in pursuing recovery of unpaid wages. This template does not constitute legal advice. The Claimant should consult with a licensed Oregon attorney before sending this demand letter or filing any legal action. Laws and regulations are subject to change.

[END OF DOCUMENT]