Filing a Wage Claim
Any wage earner who has not been
paid wages for hours worked or overtime wages for hours
worked over 40/week may file a claim with the Wage and Hour Division of
BOLI. Additionally, if your employer has gone out of business and you
have not been paid your final wages, you may file a claim with the Wage and
Hour Division to be paid from the Wage Security Fund.
The Wage Claim form is available in English or Spanish and requires information such
as dates work was performed, rate of pay, reason wages haven’t been paid in
full, and a close estimate of the balance of money due. Please note: Information on a Claim Form may be released to people who request it as required by the public disclosure law.
If you have a wage and hour-related complaint regarding an employer and you are
NOT claiming unpaid wages, you may complete a complaint form online or return a hard copy to
any Wage and Hour Division office.
If you have a valid wage claim, BOLI will attempt to recover all wages owed,
but collection depends upon your employer’s financial ability to pay, business
closure, bankruptcy filing or location of money and assets. Once a wage claim
is assigned to the bureau, the bureau may compromise or adjust any and all wage
claim amounts or penalties.
To enable BOLI to investigate a wage claim, you will need to provide evidence
(records, documents, witness statements) that supports your claim. If your
claim is accepted, your employer will also be required to submit evidence. BOLI
will evaluate the submitted evidence. Based upon the evidence, BOLI will decide
whether or not a violation of the Wage and Hour laws has occurred. We will
proceed with your claim only if the majority of the evidence supports your
You will be notified if a conference, hearing or trial is scheduled. Your
attendance is required in order for the claim to proceed.
Answers to frequently asked questions on what happens after you file a claim are available online
or as a PDF
Claims That Are Not Accepted
BOLI will not accept your wage claim if any of the following apply:
than 6 months have passed since your date of termination and your claim
does not involve minimum wage or overtime*;
than 1 year has passed since the date the violation first occurred and
your claim does not involve minimum wage or overtime*;
claim is for penalty wages or expenses only;
claim is over $10,000 and does not involve minimum wage, overtime, or
prevailing wage rate;
were paid on a commission basis and received at least minimum wage for all
were a member of a union or collective bargaining unit. (If you were
a union member, speak with a Bureau representative before filing a claim);
have already begun private legal action to recover the wages claimed;
have not yet asked your employer for your wages;
- None of
your work was performed in Oregon;
claim is against a business in which you were a partner or an owner, or in
which you had a direct financial interest;
claim is against a close relative;
claim is against a person you are unwilling to take to court.
*Exceptions may apply if you were
an active military service member during this time.
When you file a wage claim you should do the following:
Report any change of
address or phone number to BOLI. We must be able to contact you to keep your
all of the questions carefully before answering.
a complete explanation of why your employer will not pay your wages.
to the Wage Claim form any
evidence, documents or witness statements that support your claim.
the Instructions for Completing the Calendar and then fill out the
Calendar form. If you need help in tracking specific dates, use the
calendar provided with the form. Finally, sign the Assignment of Wages
document. Your claim will not be accepted without turning in these
documents. With these, you will also need to provide the documents or
witness statements supporting your claim. Mail them to a BOLI office nearest you. Please do not
Contact the Wage and Hour Division.
Online: www.oregon.gov/boli Email: email@example.com
Telephone: 971-673-0844 (Ore. Relay TTY: 711). Se habla español.