Or. Admin. R. 839-020-0012

Current through Register Vol. 63, No. 5, May 1, 2024

Section 839-020-0012 - Wage Statements to Be Provided to Employees

(1) Except for employees who are otherwise specifically exempt under ORS 653.020, employers must furnish each employee, each time the employee receives a compensation payment from the employer, a written itemized statement of earnings. The written itemized statement must include:

(a) The date of the payment;

(b) The dates of work covered by the payment;

(c) The name of the employee;

(d) The name of the employer and the employer's business registry number or business identification number;

(e) The address and telephone number of the employer;

(f) The rate or rates of pay;

(g) Whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis;

(h) Gross wages;

(i) Net wages;

(j) The amount and purpose of each deduction made during the respective period of service that the payment covers;

(k) Allowances, if any, claimed as part of minimum wage;

(l) The regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked and pay for those hours, and the number of overtime hours worked and pay for those hours;

(m) If the employee is paid a piece rate, the applicable piece rate or rates of pay, the number of pieces completed at each piece rate and the total pay for each rate.

(2) When a compensation payment is a draw or advance against future earnings, and no deductions are being made from the payment, the written itemized statement must include the information required in section (1) (a), (b), (c), (d), (e) and (h) of this rule. The employee must be provided with a statement containing all of the information required by section (1) of this rule at the employee's next regular payday, even if the employee is not entitled to payment of any further wages at that time.

(3) Pursuant to the Uniform Electronic Transactions Act (Chapter 535, Oregon Laws 2001) ORS 84.001 to 84.061, the itemized statement may be provided in an electronic format if:

(a) The employee expressly agrees; and

(b) The employee has the ability to print or store the electronic itemized statement at the time of receipt.

(4) In addition to this rule, ORS 652.610 establishes requirements for itemized statements to be provided to employees on regular paydays and at other times payment of wages, salary or commission is made.

Or. Admin. R. 839-020-0012

BLI 9-1996, f. & cert. ef. 10-8-96; BLI 1-2002, f. & cert. ef. 1-9-02; BLI 41-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 6-2016, f. 8-29-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 651.060

Stats. Implemented: ORS 652.610 & 652.640