The Oregon final paycheck law sets the deadline for your final paycheck: by the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) if your employer ended the job, and immediately on the last day if you gave at least 48 hours’ notice (weekends and holidays excluded); otherwise within 5 business days or by the next regular payday,
whichever comes first if you quit.
This guide gives the exact Oregon final paycheck law deadline with the date we verified it, what the employer owes if the check is late, whether your unused vacation must be paid, and how to file a wage claim. Rules verified against the statute on 2026-10-08; confirm the current rule with Oregon Bureau of Labor and Industries (BOLI) or an attorney before you rely on it.
Oregon Final Paycheck Law at a Glance
| If you were fired | By the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) |
| If you quit | Immediately on the last day if you gave at least 48 hours’ notice (weekends and holidays excluded); otherwise within 5 business days or by the next regular payday, whichever comes first |
| If you were laid off | By the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) |
| Statute | Or. Rev. Stat. 652.140 |
| Penalty for a late check | Penalty wages at your hourly rate for 8 hours a day for each day the final wages stay unpaid, up to 30 days (652.150), plus attorney fees |
| Unused vacation owed? | Only if the employer’s policy provides it |
| Where to file a wage claim | Oregon Bureau of Labor and Industries (BOLI) |
In This Oregon Final Paycheck Law Guide:
The Oregon Final Paycheck Law Deadline
If the employer fires you or lays you off, the Oregon final paycheck law sets the due date like this: by the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) (Or. Rev. Stat. 652.140). BOLI says earned commissions are due on the same final-pay timeline as other wages.
If a written commission agreement says commissions are not earned until the company is paid, the employer may hold back only those unearned commissions and must pay them once the amounts are known. Bonuses are not required by law, but a bonus promised by policy or agreement generally must be honored.
Enter your last day and how the job ended, and get the exact Oregon due date, the statute and the penalty if it is late.
Oregon Final Paycheck Law at a Glance
Rules verified against the statute on 2026-10-08; confirm the current rule with Oregon Bureau of Labor and Industries (BOLI) or an attorney before you rely on it. The statute row is where to check it yourself.
| Deadline if fired | By the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) |
| Deadline if quit | Immediately on the last day if you gave at least 48 hours’ notice (weekends and holidays excluded); otherwise within 5 business days or by the next regular payday, whichever comes first |
| Deadline if laid off | By the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) |
| Statute | Or. Rev. Stat. 652.140 |
| Late-payment penalty | Penalty wages at your hourly rate for 8 hours a day for each day the final wages stay unpaid, up to 30 days (652.150), plus attorney fees |
| Unused vacation / PTO | Only if the employer’s policy provides it |
| PTO rule | Vacation payout follows the employer’s written policy. |
| Deductions allowed | Under ORS 652.610, an employer generally may take only deductions the law requires, deductions the worker voluntarily authorized in writing for the worker’s own benefit and recorded in the employer’s books, or a few… |
| Wage-claim agency | Oregon Bureau of Labor and Industries (BOLI) |
| File a wage claim | https://www.oregon.gov/boli/workers/pages/wage-claims.aspx |
Oregon Final Paycheck Law If You Quit
If you quit, the Oregon final paycheck law rule is: immediately on the last day if you gave at least 48 hours’ notice (weekends and holidays excluded); otherwise within 5 business days or by the next regular payday, whichever comes first. The final paycheck covers wages already earned and is required by law, while severance is extra pay that Oregon law generally does not require.
If the employer has a severance policy or agreement, BOLI says it generally must be honored. A worker may authorize payment by direct deposit into an Oregon bank, credit union or savings and loan account, and BOLI says a worker can still ask for a paper check, verbally or in writing. Direct deposit does not extend the final-pay deadline.
Unused Vacation and PTO Under Oregon Final Paycheck Law
Vacation payout follows the employer’s written policy. Read the handbook section on vacation before you argue the point — the policy wording decides it.
What the Oregon Final Paycheck Law Does If the Check Is Late
The penalty is the lever: penalty wages at your hourly rate for 8 hours a day for each day the final wages stay unpaid, up to 30 days (652.150), plus attorney fees. An employer may lawfully hold back deductions the law requires (such as taxes or garnishments) and deductions the worker validly authorized in writing under ORS 652.610.
Under a written agreement that commissions aren’t earned until the customer pays, the employer may also hold back commissions not yet earned, but must pay all other wages on time.
What Can Be Deducted From a Final Check in Oregon
Under ORS 652.610, an employer generally may take only deductions the law requires, deductions the worker voluntarily authorized in writing for the worker’s own benefit and recorded in the employer’s books, or a few other narrow exceptions. BOLI states that even a signed authorization is not valid for deductions to repay alleged theft, cash shortages or damage.
An employer loan may be deducted from final pay only under a voluntary written agreement, with the deduction recorded and within the legal limits.
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How to File a Wage Claim Under the Oregon Final Paycheck Law
Workers who are owed a final paycheck can file a wage claim with BOLI’s Wage and Hour Division. You can file online through BOLI’s Wage Claim page, by phone at 971-673-0761, or by mail to 800 NE Oregon St., Suite 1045, Portland, OR 97232. Filing is free, and BOLI asks claimants to attach what they have, such as pay stubs and time records.
Filing deadlines vary by claim type (overtime claims, for example, have two years), so confirm the current deadline with BOLI and file as soon as you can.
BOLI generally sends the employer a notice of the claim showing the amount owed. If the employer disputes the claim or doesn’t respond, the case goes to an investigator, and BOLI may issue an Order of Determination. An employer who contests that order can request a hearing before an administrative law judge, which ends in a final order that can be appealed.
A 2025 state audit found that each stage can take a year or more, so expect waiting time. Yes. BOLI notes a worker can file in small claims court in the county where the employer is located if the amount is 10000 or less, and the Oregon Judicial Department confirms the 10000 limit.
Lawyers usually need the court’s permission to take part, and a small claims judgment generally cannot be appealed.
Other Oregon Final Paycheck Law Rules to Know
BOLI treats a job that ends by mutual agreement the same as a firing for final-pay timing. If the employer closed the business without paying, Oregon’s Wage Security Fund may cover up to 10000 in verifiable unpaid wages earned in the 60 days before the closure (confirm eligibility with BOLI).
Oregon Laws 2025, chapter 235 (SB 906) amended ORS 652.610 to require clearer written explanations of earnings and deductions, so confirm with the state agency how these changes apply to you.
Think your employer owes you money or broke the law?
You do not need a lawyer to file a wage claim: Oregon Bureau of Labor and Industries (BOLI) takes the complaint for free and can order the employer to pay. If the amount is large or the employer has a history, an employment attorney can take the case — the state bar referral service is the place to start.
Oregon — the bottom line
- The Oregon final paycheck law sets a deadline that runs from your last day: by the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day) if the employer ended the job.
- Under the Oregon final paycheck law, a late check costs the employer — the penalty is the lever that makes a wage claim worth filing.
- The Oregon final paycheck law treats unused vacation as a handbook question; check the policy, then the statute.
Frequently Asked Questions
When is my final paycheck due in Oregon if I was fired?
Under the Oregon final paycheck law, by the end of the first business day after the discharge (a weekend or holiday termination rolls to the next business day).
When is my final paycheck due in Oregon if I quit?
Immediately on the last day if you gave at least 48 hours’ notice (weekends and holidays excluded); otherwise within 5 business days or by the next regular payday, whichever comes first
Does Oregon have to pay out my unused vacation?
Vacation payout follows the employer’s written policy.
What happens if an Oregon employer pays the final check late?
Penalty wages at your hourly rate for 8 hours a day for each day the final wages stay unpaid, up to 30 days (652.150), plus attorney fees
How do I file a wage claim in Oregon?
Workers who are owed a final paycheck can file a wage claim with BOLI’s Wage and Hour Division. You can file online through BOLI’s Wage Claim page, by phone at 971-673-0761, or by mail to 800 NE Oregon St., Suite 1045, Portland, OR 97232.
Official Oregon Sources & Resources
- Oregon Bureau of Labor and Industries (BOLI): https://www.oregon.gov/boli/workers/pages/paychecks.aspx
- File an Oregon wage claim: https://www.oregon.gov/boli/workers/pages/wage-claims.aspx
- Oregon final-pay statute (Or. Rev. Stat. 652.140): https://www.oregonlegislature.gov/bills_laws/ors/ors652.html
- Verified source: https://oregon.public.law/statutes/ors_652.140
- Verified source: https://apps.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB2938
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This Oregon final paycheck law guide was last verified against official Oregon sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More Oregon Workplace Rights Guides
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- Oregon Unemployment Eligibility: Who Qualifies
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Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.