Oregon Employment Law 2026

Q1: What is employment law in Oregon?

Employment law in Oregon is the comprehensive legal framework governing the relationship between employers and employees in the state. It encompasses state statutes (Oregon Revised Statutes), administrative rules, and federal law. Oregon employment law covers wages and hours, discrimination protections, workplace safety, employee benefits, leave entitlements, and employer obligations. The Oregon Bureau of Labor & Industries (BOLI) is the primary state agency responsible for enforcing most employment laws. Oregon’s employment law framework includes both individual employment rights and labor law provisions governing collective bargaining.

Q2: What is the difference between labor law and employment law in Oregon?

Employment law is the broader framework covering all aspects of the employer-employee relationship, including wages, hours, discrimination, safety, and benefits. It applies to virtually all employment relationships in Oregon. Labor law is a subset of employment law that specifically addresses collective bargaining, union organizing, strikes, and relations between employers and labor unions. Labor law primarily applies to unionized workplaces and is largely governed by federal law (National Labor Relations Act) enforced by the National Labor Relations Board. Most Oregon workers are covered by employment law, while only unionized workers are also covered by labor law provisions.

Q3: Is Oregon an at-will employment state?

Yes, Oregon follows the at-will employment doctrine. According to Oregon Bureau of Labor & Industries, “Oregon laws allow the termination of an employment relationship by either the employer or the employee, without notice and without cause.” This means employers may generally discharge employees at any time for any lawful reason or no reason at all, and employees may resign at any time. However, important exceptions exist: employers cannot terminate employees for discriminatory reasons, in retaliation for protected activities, in violation of employment contracts, or for reasons that violate public policy. Oregon courts have established these exceptions through case law including Simpson v. Western Graphics (1982) and Nees v. Hocks (1975).

Q4: What is the minimum wage in Oregon for 2026?

Oregon operates a three-tier minimum wage system based on work location, with rates effective July 1, 2025 through June 30, 2026. The Portland Metro Area (within urban growth boundary, including parts of Clackamas, Multnomah, and Washington Counties) is $16.30 per hour. Standard Counties (Benton, Clatsop, Columbia, Deschutes, Hood River, Jackson, Josephine, Lane, Lincoln, Linn, Marion, Polk, Tillamook, Wasco, Yamhill, and parts of Clackamas, Multnomah, and Washington outside UGB) are $15.05 per hour. Nonurban Counties (Baker, Coos, Crook, Curry, Douglas, Gilliam, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wheeler) are $14.05 per hour. Workers are typically paid the wage for the county where they work 50% or more of their hours each week. Minimum wage rates are adjusted annually based on inflation, with announcements made by April 30 each year.

Q5: Does Oregon require overtime pay?

Yes, Oregon requires overtime pay for most non-exempt employees. According to Oregon Bureau of Labor & Industries, “If you work more than 40 hours in one week, you must receive overtime pay of 1.5 times your regular pay rate.” Oregon follows federal Fair Labor Standards Act (FLSA) standards requiring overtime at one and one-half times regular rate for hours worked over 40 in a workweek. Unlike some states, Oregon does not have daily overtime requirements (except for specific industries). Employees classified as exempt under FLSA white-collar exemptions (executive, administrative, professional, outside sales) are not entitled to overtime if they meet both salary level and duties tests. Agricultural workers have special phased-in overtime rules: 48 hours per week for 2025-2026, reducing to 40 hours per week starting in 2027.

Q6: What are Oregon’s meal and rest break requirements?

Oregon requires specific meal periods and rest breaks for non-exempt employees. For meal periods, employers must provide at least 30 continuous minutes for work periods of 6 or more hours, with timing depending on shift length. For 6-7 hour shifts, meal breaks must occur between the 2nd and 5th hour worked. For 7+ hour shifts, meal breaks must occur between the 3rd and 6th hour worked. Meal breaks are unpaid if the employee is completely relieved of all duties. For rest breaks, employers must provide paid 10-minute breaks for every 4-hour work segment or major portion thereof (over 2 hours). Rest breaks should be taken as close to the midpoint of each work segment as possible. These requirements are established under ORS 653.261 and OAR 839-020-0050. Employees cannot waive their right to breaks, and employers must enforce break requirements even if employees refuse to take them. BOLI may assess penalties up to $1,000 per violation.

Q7: What are my rights as an employee in Oregon?

Oregon employees have extensive rights including minimum wage protection (three-tier system based on location), overtime pay at 1.5 times regular rate for hours over 40 per week, required meal and rest breaks, protected sick time (paid or unpaid depending on employer size), freedom from discrimination based on protected characteristics (race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, and others), protection against harassment and hostile work environment, right to request reasonable accommodations for disabilities, religious practices, and pregnancy, family leave rights under Oregon Family Leave Act, safe and healthy workplace under Oregon OSHA requirements, timely payment of wages including specific final paycheck deadlines, protection against retaliation for asserting these rights, and the right to file complaints with Oregon Bureau of Labor & Industries or other enforcement agencies.

Q8: Can my employer fire me for any reason in Oregon?

Generally yes, due to Oregon’s at-will employment doctrine, but with important exceptions. According to BOLI, Oregon employers may discharge employees at any time and for any reason, or for no reason at all, unless a contract or law states otherwise. However, employers cannot fire employees for discriminatory reasons (based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, age, disability, or other protected classes under ORS 659A.030), in retaliation for protected activities (such as filing discrimination complaints, taking protected leave, reporting safety violations, or filing workers’ compensation claims), in violation of employment contracts or collective bargaining agreements, or for reasons that violate public policy (such as performing jury duty, voting, refusing to commit illegal acts, or whistleblowing). If termination falls under these exceptions, it may be wrongful despite at-will status.

Q9: How do I file a complaint about unpaid wages in Oregon?

File a wage claim with Oregon Bureau of Labor & Industries (BOLI) within 2 years of the violation. You can file online at https://www.oregon.gov/boli/workers/pages/file-a-complaint.aspx, by phone at 971-245-3844, or by email at boli_help@boli.oregon.gov. When filing, include your contact information, employer name and address, description of violation, dates of employment, and any supporting documentation such as pay stubs or wage statements. BOLI handles claims for unpaid wages, minimum wage violations, overtime violations, missed meal or rest breaks, final paycheck delays, and sick time violations. After filing, BOLI will review your complaint, contact the employer, investigate the claim, and may hold a hearing if necessary. BOLI has authority to order back payment of wages and assess civil penalties against employers who violate wage and hour laws.

Q10: When must I receive my final paycheck after leaving a job in Oregon?

Final paycheck timing depends on how employment ended. According to ORS 652.140, if you were discharged (fired) by the employer or if employment ended by mutual agreement, all wages earned and unpaid must be paid by the end of the first business day after discharge or termination. If you quit with at least 48 hours advance notice (excluding Saturdays, Sundays, and holidays), wages become due immediately on your last day. If you quit without 48 hours notice, wages become due within 5 days (excluding weekends and holidays) or at the next regularly scheduled payday, whichever comes first. Final paychecks must include all earned wages, any accrued unused vacation time if company policy provides for payout, earned commissions, and any other compensation owed. Oregon does not require payout of accrued unused sick time or severance pay unless contractually agreed.

Q11: How do I file a discrimination complaint in Oregon?

File a discrimination complaint with Oregon Bureau of Labor & Industries (BOLI) Civil Rights Division or the Equal Employment Opportunity Commission (EEOC). For BOLI, you can file online at https://www.oregon.gov/boli/civil-rights/pages/file-a-civil-rights-complaint.aspx, by phone at 971-245-3844, or in person by scheduling an appointment. The time limit is 5 years for discrimination occurring on or after September 29, 2019. For EEOC, file online at https://www.eeoc.gov/filing-charge-discrimination or call 1-800-669-4000. The time limit is 300 days from the discriminatory act. Oregon has a work-sharing agreement with EEOC, so filing with one agency automatically cross-files with the other. Include information about the discriminatory act, the protected characteristic involved, dates, witnesses, and any documentation supporting your claim. After filing, the agency will investigate, may offer mediation, and will make a determination about whether discrimination occurred.

Q12: Can I request remote work as a reasonable accommodation in Oregon?

Possibly, depending on your circumstances. If you have a qualifying disability under ORS 659A.112 (Oregon law) or the Americans with Disabilities Act (federal law), and remote work would be an effective reasonable accommodation allowing you to perform the essential functions of your job, you can request it. Your employer must engage in the interactive process to evaluate your request. The employer must consider whether remote work is feasible for your position, whether you can perform essential job functions remotely, and whether providing remote work would impose an undue hardship. The employer is not required to provide your preferred accommodation if another effective accommodation exists, but must engage in good-faith dialogue. Remote work may also be requested as an accommodation for pregnancy-related limitations under ORS 659A.146 if you work for an employer with 6 or more employees. Religious accommodation requests should also be evaluated, though remote work is less commonly granted for religious reasons.

Q13: What are the employer obligations in Oregon?

Oregon employers have numerous legal obligations including paying at least the applicable minimum wage based on work location, providing overtime pay at 1.5 times regular rate for hours over 40 per week, providing required meal periods (30 minutes for shifts 6+ hours) and rest breaks (10 minutes paid per 4 hours worked), providing protected sick time (paid if 10+ employees or 6+ in Portland; unpaid otherwise), displaying all required workplace posters at each worksite, reporting new hires to Oregon Department of Justice within 20 days, maintaining accurate wage and hour records for at least 3 years, providing timely final paychecks per ORS 652.140 deadlines, complying with anti-discrimination laws (no discrimination based on protected classes), responding to reasonable accommodation requests through interactive process, having written harassment and discrimination policy (Workplace Fairness Act), providing pregnancy accommodation notices for employers with 6+ employees, complying with Oregon Family Leave Act if 25+ employees, maintaining workers’ compensation coverage, and providing new hire wage statement explanations starting January 1, 2026.

Q14: What workplace posters are required in Oregon?

All Oregon employers must display certain state and federal posters at each worksite in conspicuous locations where employees can regularly see them. Required state posters include Oregon Minimum Wage Notice (updated annually July 1, available in 7 languages), Oregon Sick Time Notice, Equal Employment Opportunity Notice (Oregon protected classes), and Oregon OSHA “Job Safety and Health: It’s the Law” poster. Employers with 25+ employees must post Oregon Family Leave Act notice. Employers with 6+ employees must post Pregnancy Accommodation Notice. Required federal posters include Equal Employment Opportunity is the Law (EEOC), Fair Labor Standards Act (FLSA) minimum wage notice, Employee Polygraph Protection Act, Uniformed Services Employment and Reemployment Rights Act (USERRA), and Family and Medical Leave Act (for employers with 50+ employees). Additional required postings include Workers’ Compensation Notice of Compliance, Employment Insurance Notice (Form 11), and written harassment and discrimination policy. Posters are available for download at https://www.oregon.gov/boli/employers/pages/required-worksite-postings.aspx. BOLI offers an all-in-one poster combining required notices.

Q15: Does Oregon require paid sick leave?

Yes, Oregon requires virtually all employers to provide sick time to employees, with payment requirements depending on employer size and location. According to ORS 653.601-653.661, employees accrue sick time at a rate of 1 hour for every 30 hours worked, up to 40 hours per year. Employers with 10 or more employees anywhere in the state must provide paid sick time. Employers with 6 or more employees if located in Portland must provide paid sick time. Employers with fewer than these thresholds must provide unpaid protected sick time (job protection but no payment required). Employees can begin using accrued sick time after 90 calendar days of employment. Sick time can be used for the employee’s or family member’s illness, injury, medical appointments, preventive care, public health emergencies, domestic violence situations, bereavement, and bonding with new child. Up to 40 hours of unused sick time must be allowed to carry over year to year, though employers may limit annual usage to 40 hours. Employers are not required to pay out unused sick time upon termination.

Q16: What is Oregon Family Leave and who qualifies?

Oregon Family Leave Act (OFLA) provides job-protected leave for eligible employees working for covered employers. The law applies to employers with 25 or more employees in Oregon. To be eligible, employees must have worked for the employer for at least 180 days, averaged at least 25 hours per week during the 180-day period, and work at a location with 25 or more employees within 75 miles. Eligible employees can take up to 12 weeks of leave per year for birth or adoption of child, serious health condition of employee, serious health condition of family member (child, spouse, domestic partner, parent, parent-in-law, grandparent, grandchild), care for child with illness or injury requiring home care, care for family member with serious health condition, bereavement (2 weeks following death of family member), and military family leave. During leave, employers must maintain health benefits and restore employee to same or comparable position upon return. This is separate from paid sick time under ORS 653.601-653.661 and the Oregon Paid Leave program.

Q17: Does Oregon law protect remote work arrangements?

Oregon has no comprehensive state law specifically governing remote work arrangements or protecting the right to work remotely. However, all standard employment laws apply to remote workers, including minimum wage, overtime, meal and rest breaks, sick time, and anti-discrimination protections. Employers generally have discretion to require employees to return to office, subject to important limitations. Employers must consider reasonable accommodation requests from employees with disabilities who cannot return to office, evaluate religious accommodation requests, comply with any employment contract provisions addressing work location, follow collective bargaining agreements that may limit employer discretion, and avoid discriminatory application of return-to-office mandates. If an employee has a qualifying disability and remote work is an effective accommodation, the employer must engage in the interactive process and may be required to provide remote work as accommodation unless it poses undue hardship. Simply preferring remote work is not protected unless it relates to accommodation, contract, or discrimination protections.

Q18: What are my rights if I’m pregnant and working in Oregon?

Pregnant employees in Oregon have multiple protections. Under ORS 659A.029, discrimination because of pregnancy, childbirth, and related medical conditions is considered sex discrimination and is prohibited. Employers with 6 or more employees must provide reasonable accommodations for pregnancy-related limitations under ORS 659A.146-659A.147, which may include more frequent or longer breaks, time off to recover from childbirth, equipment modifications, temporary transfer to less strenuous position, job restructuring, modified schedule, or light duty. Employers cannot deny employment opportunities based on need to accommodate, require unnecessary accommodations if you can perform essential functions, require leave if other accommodation is available, or retaliate for requesting accommodation. You have right to use sick time for pregnancy-related medical appointments and conditions. If employer has 25+ employees, you may be eligible for Oregon Family Leave Act leave for birth of child and recovery. Oregon Paid Leave program provides up to 12 weeks of paid leave for pregnancy and birth. Federal Pregnancy Discrimination Act also provides protections, and employers with 15+ employees are covered by federal Pregnant Workers Fairness Act.

Q19: How are tips treated under Oregon law?

Tips belong entirely to employees in Oregon. Tip credits are illegal, meaning employers cannot count tips toward minimum wage. According to Oregon BOLI, “Tip credits are illegal in Oregon. Your tips are yours and cannot be counted against your hourly pay.” This means employers must pay at least the full minimum wage (based on work location) regardless of tips received. Employers can require tip pooling where employees share tips with other workers, but management and the house cannot share in the tip pool. All tips must go to employees. If paid through piece rate, commission, or salary, total compensation must still equal at least minimum wage for all hours worked, with tips on top of that amount. Tips are considered separate compensation and cannot be used to satisfy the employer’s minimum wage obligation. This is a key difference from federal law and some other states that allow tip credits. Oregon’s prohibition on tip credits provides stronger protection for tipped employees.

Q20: What should I do if I experience workplace harassment in Oregon?

Take these steps if you experience workplace harassment. First, if you feel safe doing so, clearly tell the harasser the behavior is unwelcome and ask them to stop. Document everything by keeping detailed records of each incident including dates, times, locations, what happened, witnesses, and your response. Report the harassment to your employer following the procedure in your employee handbook or harassment policy, which all Oregon employers are required to have under the Workplace Fairness Act. If your supervisor is the harasser, report to HR, higher-level management, or another designated person. Your employer is required to investigate and take appropriate corrective action. If the harassment continues or your employer fails to respond adequately, file a complaint with Oregon Bureau of Labor & Industries (971-245-3844 or https://www.oregon.gov/boli/civil-rights/) or EEOC (1-800-669-4000 or https://www.eeoc.gov/). You have 5 years to file with BOLI for harassment occurring after September 29, 2019, and 300 days to file with EEOC. It is illegal for your employer to retaliate against you for reporting harassment. Consider consulting with an employment attorney about your rights and options.