Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Oregon employment attorney or contact the Oregon Bureau of Labor and Industries (BOLI) for guidance specific to your situation.
Detailed Answer
1. Understand Oregon’s Recordkeeping Requirements
Under Oregon law, employers must retain accurate payroll and time records. ORS 652.750 requires employers to keep records of hours worked and wages paid for at least six years ORS 652.750. When those records are missing, you still have rights to recover unpaid wages.
2. Gather Alternative Evidence
When direct payroll records are unavailable, collect any secondary evidence that can support your claim, including:
- Personal time logs, calendars, diaries or journals showing start/stop times
- Emails, text messages or shift-scheduling apps referencing hours worked
- Pay stubs, bank statements or direct deposit records
- Testimony from co-workers, supervisors or clients confirming your work schedule
3. Estimate Hours and Pay Rates
Next, create a reasonable estimation of hours and rate:
- Calculate average daily hours. For multiple weeks, total your documented hours and divide by the number of workdays.
- Determine your pay rate. If you remember an approximate rate range, use that; or check your offer letter, job posting or comparable rate data from the Bureau of Labor Statistics.
- Account for overtime. Oregon requires overtime pay at 1.5× for hours over 40 per week ORS 652.120.
4. Document Your Calculations
Prepare a clear spreadsheet or table showing:
- Date range (e.g., week of June 1–7, 2023)
- Estimated hours worked each day
- Regular and overtime pay rates
- Gross wages owed per period
Include footnotes citing your source for each entry (e.g., email thread, calendar entry).
5. File Your Claim
Once you have your calculation and supporting evidence:
- Submit a wage and hour complaint to BOLI online at Oregon.gov/BOLI.
- If BOLI does not resolve your claim, consider filing a civil action in Small Claims or Circuit Court. Under ORS 652.200, you may recover unpaid wages, liquidated damages and attorney fees ORS 652.200.
Helpful Hints
- Start documenting immediately: contemporaneous logs carry more weight.
- Keep digital and paper backups of all communications.
- Interview co-workers soon after leaving; memories fade over time.
- Use publicly available data (like BLS rates) when your pay rate is unclear.
- Consult BOLI’s Wage & Hour Division guides for step-by-step forms and checklists.