Payment of wages on termination of employment
- exception for collective bargaining
Source:
Section 652.140 — Payment of wages on termination of employment; exception for collective bargaining, https://www.oregonlegislature.gov/bills_laws/ors/ors652.html (accessed May 26, 2025).
Notes of Decisions
Where employment contract between defendant and plaintiff did not contain condition for payment of wages, this section did not permit an employer to withhold wages for any work employer determined was inadequately performed. Schulstad v. Hudson Oil Co., 55 Or App 323, 637 P2d 1334 (1981), Sup Ct review denied
Where wages were withheld from employes pursuant to wage reduction agreement on condition they would be repaid when market conditions improved to allow payback from profits, withheld wages were not “due and payable” on termination of employment when market conditions, at that time, had not improved as required by condition. State ex rel Roberts v. Duco-Lam, Inc., 72 Or App 473, 696 P2d 561 (1985), Sup Ct review denied
Where overtime work was not authorized by employer, plaintiff could not claim overtime wages. Leonard v. Arrow-Tualatin, Inc., 76 Or App 120, 708 P2d 630 (1985)
Where employe was discharged from employment, wages were due and payable on date of discharge and fact that employe did not pick them up immediately did not waive right to them on demand. Emery v. Portland Typewriter & Office Machine, 86 Or App 635, 740 P2d 218 (1987)
Employment Relations Board’s jurisdiction over wage claims arising from public employees’ arbitration award was primary, even if not exclusive, and issues of whether arbitration award was final and binding and whether employer refused or failed to comply with any provision of it were issues for board in first instance, so although not entirely without jurisdiction over dispute, circuit court should have abated claims until Employment Relations Board issued order for circuit court to enforce. Tracy v. Lane County, 305 Or 378, 752 P2d 300 (1988)
Employer remedy for misconduct of employee must be by separate action for damages, not offset against wages due. Miller v. C.C. Meisel Co., Inc., 183 Or App 148, 51 P3d 650 (2002)
Collective bargaining agreement “otherwise provides” for payment of wages upon termination of employment only if agreement affirmatively provides different wage payment requirement applicable to employee’s termination. Smoldt v. Henkels & McCoy, Inc., 334 Or 507, 53 P3d 443 (2002)
Where sale of business results in termination of employment under seller, notwithstanding that individual continues in employment under purchaser, sale imposes duty to accelerate payment of wages other than wages specifically exempted by this section from acceleration. Wilson v. Smurfit Newsprint Corp., 197 Or App 648, 107 P3d 61 (2005), Sup Ct review denied
Where decedent, who was employee of defendant company, died in truck accident while on job, decedent did not “quit” as used in this section because term implies intentional and voluntary act of leaving employment. Loucks v. Beaver Valley’s Back Yard Garden Products, 274 Or App 732, 362 P3d 277 (2015)