WAGE AND HOUR DEMAND LETTER
Oregon Wage and Hour Laws and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Oregon ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Oregon State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Oregon Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and Oregon Revised Statutes Chapters 652 and 653.
Please direct all further communications regarding this matter to our office.
I. OREGON-SPECIFIC LEGAL FRAMEWORK
A. Oregon Minimum Wage
Oregon has a tiered minimum wage system based on location:
| Region | Minimum Wage (2026) |
|---|---|
| Portland Metro (Urban Growth Boundary) | $16.00/hour |
| Standard (most of Oregon) | $14.70/hour |
| Non-Urban Counties | $13.70/hour |
Or. Rev. Stat. Section 653.025. Oregon's minimum wage is adjusted annually based on the Consumer Price Index.
Oregon does not allow a tip credit. Tipped employees must be paid the full applicable minimum wage. Or. Rev. Stat. Section 653.035.
B. Overtime Requirements
Oregon follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. Or. Rev. Stat. Section 653.261.
Agricultural Overtime: Farm workers in Oregon now receive overtime pay at 1.5x for hours over 55/week (2023-2024), decreasing to 40 hours by 2027.
Oregon does not require daily overtime for most industries.
C. Meal and Rest Break Requirements
Oregon has comprehensive break requirements:
- Rest Breaks: A paid 10-minute rest break for every 4-hour work segment (or major portion thereof). OAR 839-020-0050(1)(a).
- Meal Periods: An unpaid 30-minute meal period for work periods of 6 hours or more, to be taken between hours 2 and 5. OAR 839-020-0050(2).
- If break not provided: Employee must be compensated for the entire work period without the break.
D. Wage Payment Requirements
Under Oregon's Wage Collection Law:
- Regular Pay Periods: Wages must be paid at least monthly, with exceptions for certain industries. Or. Rev. Stat. Section 652.120.
- Termination - Discharge: All wages due must be paid by end of the first business day after discharge. Or. Rev. Stat. Section 652.140(1).
- Termination - Resignation (with notice): If 48+ hours notice given, wages due on final day. Or. Rev. Stat. Section 652.140(2).
- Termination - Resignation (without notice): Wages due within 5 days or next payday, whichever is sooner. Or. Rev. Stat. Section 652.140(3).
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Oregon wage claims | 6 years | Or. Rev. Stat. Section 12.080 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Oregon Penalty Wages: Under Or. Rev. Stat. Section 652.150, if an employer willfully fails to pay wages when due:
- Employee is entitled to penalty wages equal to 8 hours of wages for each day wages remain unpaid, up to 30 days (maximum of 240 hours of penalty wages).
This can result in substantial additional recovery for terminated employees.
G. Attorney's Fees
Both the FLSA and Oregon law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); Or. Rev. Stat. Section 652.200.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Oregon wage and hour laws by:
- [ ] Failing to pay the minimum wage required under Oregon law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Failing to provide required paid rest breaks under OAR 839-020-0050
- [ ] Failing to provide required meal periods under OAR 839-020-0050
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due by the end of the first business day after discharge
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Oregon Minimum Wage Violations
[Company Short Name] violated Oregon's minimum wage requirements by [describe violation]. Or. Rev. Stat. Section 653.025.
C. Oregon Rest and Meal Break Violations
Oregon law requires a paid 10-minute rest break for every 4-hour segment and an unpaid 30-minute meal period for shifts of 6+ hours. OAR 839-020-0050. [Company Short Name] violated these requirements by [describe violation].
D. Oregon Final Wage Payment Violations
[Company Short Name] violated Oregon's final wage payment requirements by failing to pay all wages due by the end of the first business day after discharge. Or. Rev. Stat. Section 652.140.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Missed Rest Breaks | [X breaks] x [10 min] x $[rate] | $[Amount] |
| Missed Meal Periods | [X breaks] x [30 min] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Oregon Penalty Wages
Penalty wages (8 hours per day, up to 30 days) under Or. Rev. Stat. Section 652.150:
[X days] x 8 hours x $[hourly rate] = $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Oregon Penalty Wages | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand represents a discount from our client's full exposure at trial, where penalty wages of up to 30 days' pay are available under Oregon law.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Oregon Circuit Court, [County] County, or United States District Court for the District of Oregon.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Oregon Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Oregon State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)