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. However, to the extent permitted by the law, BOLI will not disclose a claimant’s residential address, personal telephone numbers, and personal email address if that claimant requests that this information remain confidential.
   
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.  
 
Providing Evidence
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 claim.
 
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:
  • More than 6 months have passed since your date of termination and your claim does not involve minimum wage or overtime*;
  • More than 1 year has passed since the date the violation first occurred and your claim does not involve minimum wage or overtime*;
  • Your claim is for penalty wages or expenses only;
  • Your claim is over $10,000 and does not involve minimum wage, overtime, or prevailing wage rate;
  • You were self-employed;
  • You were paid on a commission basis and received at least minimum wage for all hours worked;
  • You 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);
  • You have already begun private legal action to recover the wages claimed;
  • You have not yet asked your employer for your wages;
  • None of your work was performed in Oregon;
  • The claim is against a business in which you were a partner or an owner, or in which you had a direct financial interest;
  • The claim is against a close relative;
  • The 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.  
 
 
Filing Advice
When you file a wage claim you should do the following:
 
  • Read all of the questions carefully before answering.
  • Provide a complete explanation of why your employer will not pay your wages.
  • Attach to the Wage Claim form any evidence, documents or witness statements that support your claim.
  • Read 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 fax.
Report any change of address or phone number to BOLI. We must be able to contact you to keep your claim open.
 

Additional Information

 
Contact the Wage and Hour Division.
Online:  www.oregon.gov/boli  Email:  whdscreener@boli.state.or.us
Telephone:  971-673-0844 (Ore. Relay TTY: 711).  Se habla español.
 
Rev 04/2017