ORS 652.110
Method of paying employees

  • agreement on method of payment
  • revocation of agreement

(1)

A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

(2)

This section does not in any way limit or interfere with the right of any employee to accept from any person, as an evidence or acknowledgment of indebtedness for wages due the employee, a negotiable instrument, payable at some future date with interest.

(3)

An employer may pay wages without discount through direct deposit of wages due to an employee into the employee’s account in a financial institution, as defined in ORS 706.008 (Additional definitions for Bank Act), in this state.

(4)

An employer shall pay wages due to an employee by check upon the written or oral request of the employee.

(5)

An employer and an employee may agree that the employer may pay wages through an automated teller machine card, payroll card or other means of electronic transfer if the employee may:

(a)

Make an initial withdrawal of the entire amount of net pay without cost to the employee; or

(b)

Choose to use another means of payment of wages that involves no cost to the employee.

(6)

An agreement described in subsection (5) of this section must be made in the language that the employer principally uses to communicate with the employee.

(7)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, to revoke an agreement described in subsection (5) of this section, an employee shall give the employer a written notice of revocation of the agreement. Unless the employer and employee agree otherwise, the agreement is revoked 30 days after the date the notice is received by the employer.

(b)

To revoke an agreement described in subsection (5) of this section, an employee who works for an employer as a seasonal farmworker as defined in ORS 652.145 (Payment of wages for seasonal farmworkers) or an employee who is employed in packing, canning, freezing or drying any variety of agricultural crops shall give the employer notice of revocation of the agreement either orally or in writing. Unless the employer and the employee agree otherwise, the agreement is revoked 10 days after the date the notice is received by the employer.

(8)

Nothing in this section is intended to limit the rights of an employee or otherwise affect an employee covered by a collective bargaining agreement. [Amended by 1975 c.191 §1; 1999 c.59 §191; 2007 c.546 §1; 2013 c.380 §1]

Source: Section 652.110 — Method of paying employees; agreement on method of payment; revocation of agreement, https://www.­oregonlegislature.­gov/bills_laws/ors/ors652.­html.

652.010
Declaration of public policy concerning maximum working hours in certain industries
652.020
Maximum working hours in certain industries
652.030
Enforcement of ORS 652.010 and 652.020 dependent upon like laws in other states
652.035
Violations of certain laws relating to maximum working hours and minimum employment conditions
652.040
Maximum working hours in mines
652.050
Definitions for ORS 652.050 to 652.080
652.060
Maximum working hours for firefighters
652.070
Overtime pay for firefighters
652.080
Computing hours on duty for purposes of ORS 652.060 and 652.070
652.100
False information related to hours worked or compensation received by employees
652.110
Method of paying employees
652.120
Establishing regular payday
652.125
Bond required when failure to make timely wage payment occurs
652.130
Payment of wages due persons employed on piece work scale or quantity basis in forest product industries
652.140
Payment of wages on termination of employment
652.145
Payment of wages for seasonal farmworkers
652.150
Penalty wage for failure to pay wages on termination of employment
652.160
Payment in case of dispute over wages
652.165
Rules for wage collection and payment
652.170
Payment of wages in case of strikes
652.190
Payment of wages to surviving spouse or dependent children
652.195
Liability for dishonored check for payment of wages
652.200
Attorney fee in action for wages
652.210
Definitions for ORS 652.210 to 652.235
652.220
Prohibition of discriminatory wage rates based on sex
652.230
Employee right of action against employer for unpaid wages and damages
652.235
Motion to disallow award of compensatory and punitive damages
652.240
Paying wage lower than that required by statute or contract prohibited
652.250
Public employee’s wages as affected by absence to engage in search or rescue operation
652.260
Payment to nurses providing home health or hospice services
652.310
Definitions of employer and employee
652.320
Definitions for ORS 652.310 to 652.414
652.330
Powers and duties of commissioner in enforcing wage claims
652.332
Administrative proceeding for wage claim collection
652.333
Wage claims against licensed construction contractors and businesses
652.335
Liability of liquor dispenser licensee for wage claims of certain individuals
652.340
Requiring bond of employer
652.355
Prohibition of discrimination because of wage claim or refusal to work additional hours
652.360
Contract exempting employer from liability or penalty not valid
652.370
Jurisdiction of courts
652.380
Remedies cumulative
652.390
Deduction of costs from wage claims
652.400
Deposit of moneys in Wage Collection Account
652.405
Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto
652.409
Wage Security Fund
652.414
Procedure for payment from fund
652.420
Definitions for ORS 652.420 to 652.445
652.425
Authority of commissioner to enter into agreements with other states for reciprocal enforcement of wage claims
652.430
Assigning wage claim to labor bureau of another state
652.435
Accepting assignments of wage claims from labor bureau of another state
652.440
Retention by commissioner or labor bureau of percentage of funds collected
652.445
Deposit of moneys in Wage Collection Account
652.500
Receiver to pay accrued wages
652.510
Payment of wage claims by receivers, assignees or court
652.515
Effect of Oregon Receivership Code
652.520
Form of statement of wage claim
652.530
Serving copy of statement
652.540
Exception to claim
652.550
Payment of claims prerequisite to discharge of attachment or execution, assignee or receiver, or to abandonment of seizure or sale
652.560
Costs and attorney fees
652.570
Priority of wage claims over transfers in payment of preexisting obligations
652.610
Itemized statement of amounts and purposes of deductions
652.615
Remedy for violation of ORS 652.610
652.620
Statement of yearly compensation on request of employee
652.630
Definitions for ORS 652.630 to 652.640
652.635
Producers to post certain terms of employment
652.640
Itemized statement of compensation and deductions required
652.710
Fees collected by employer for medical care contracts are trust funds
652.720
Prohibited use by employer of fees for medical care contracts withheld from employee wages
652.750
Inspection of records by employee
652.752
Federal inspections of employee verification records
652.753
Commissioner of Bureau of Labor and Industries to generate notice template for employers
652.755
Rules regarding notice to employees about state and federal earned income tax credits
652.900
Civil penalties
652.990
Criminal penalties
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