Layoffs and other situations
If the employee quits without notice and must submit time records, the employer pays an estimate within five days and the balance within five days after records are submitted. Final pay is mailed to an address the employee designates, or direct deposited if both agree. Seasonal farmworkers are generally paid immediately (ORS 652.145). State or county fair work ending on a weekend or holiday is due by the end of the second business day. A collective bargaining agreement can set different timing. Source: oregonlegislature.gov↗ (opens in a new tab)
Unused vacation and PTO
Not required by law. If you have an established vacation policy or agreement, you must honor it at termination. Source: oregon.gov↗ (opens in a new tab)
If the final paycheck is late
Willful late final pay triggers penalty wages: 8 hours' pay per day for up to 30 days. The penalty is capped at 100% of unpaid wages if paid within 12 days of the employee's written notice, with exceptions. Source: oregonlegislature.gov↗ (opens in a new tab)
The law and where to check
The law: Or. Rev. Stat. §§ 652.140, 652.145, 652.150 (opens in a new tab)
The agency: Oregon Bureau of Labor and Industries (BOLI), Wage and Hour Division (opens in a new tab)
What federal law says
The federal Fair Labor Standards Act does not require employers to give a final paycheck immediately. The U.S. Department of Labor says an employee who has not received final pay by the regular payday for their last pay period can contact its Wage and Hour Division or the state labor department. Source: U.S. Department of Labor↗ (opens in a new tab)
Final paycheck checklist for Oregon employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Write down how the job ended: fired or let go, or the employee quit. If they quit, note whether and when they gave notice.
- Find the deadline for that situation in the table above.
- Add up all hours worked up to the last day, including any overtime.
- Check your written vacation or PTO policy and the vacation rule above.
- Add any commission or bonus that was earned, using the rules above.
- Pay on time by your usual method, or by mail if the rules above allow it and the employee asks.
- Keep a dated record of what you paid and when.
More Oregon employment law guides
- All Oregon employment laws
- Oregon paid sick leave law
- Oregon meal and rest break laws
- Oregon overtime law
- Oregon pay frequency law
- Oregon vacation and PTO payout law
- Oregon new hire reporting
- Oregon at-will exceptions
Final paycheck laws in other states
See every state on one page, or pick a state:
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.