Legal Question in Employment Law in Oregon

Re: wage deduction

You are entitled to receive the wages at the rate for which you contracted with your employer. As the employer's agent, the manager has bound the employer to pay you $17.00 per hour for all work that you performed plus overtime at the rate of $25.50 for hours in excess of 40 within a workweek. An employer may lawfully change the compensation rate, but only for future work. If you continue to perform work for the employer after he states he will only pay what amounts to $6.00 per hour, you are entitled to the greater of minimum wage ($7.95 per hour in Oregon) plus any overtime (if you worked more than 40 hours per week) or 10 cents per square foot if that rate brings you over $7.95 per hour.

As noted above, the employer can change your rate of pay, but only for future work (after notice of the change) and any chance must be within the bounds of minimum wage and overtime law.

It is also unlawful for an employer to retaliate against you for making a demand that he pay you wages to which you are entitled by contract or statute for past work. An employer is also prohibited from retaliating against you for consulting with an attorney with respect to a wage claim.

If you are an independent contractor rather than an employee, minimum wage rates do not apply; however you are still entitled to pre-contractual change work performed at the rate of $17 per hour. In some circumstances, determining the difference between an employee and independent contractor can be difficult. Consult an experienced employment lawyer for specific analysis and advice.

The above does not constitute legal opinion and is offered for the purposes of discussion only. You should not rely on any opinion except that of an experienced employment attorney you have retained, who has a professional duty to advise you after being fully informed of all the pertinent facts and who is familiar with the applicable law.