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Protecting Against Employee Wage Claims

This article was edited and reviewed by FindLaw Attorney Writers | Last reviewed March 26, 2008

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Perhaps you read a recent article on the wage lawsuit against Rent-A-Center, such as the one printed in the business section of The Oregonian on January 18, 2003, or one of several similar articles that have appeared in the media in recent months.

What you can you do to prevent a wage lawsuit against your organization? At a minimum, you should review your policies, procedures, and unwritten practices now and look for the following:

  • Are employees properly classified as exempt or nonexempt from minimum-wage and overtime requirements under state and federal law?

  • Are employees being properly paid for all compensable preparatory and concluding activities?

  • Are employees being properly paid for all compensable travel time?

  • Are employees receiving and taking required rest and meal periods?

  • Are employees generally being paid either straight or overtime pay, as appropriate, for all hours worked (i.e. employees are not performing work "off-the-clock")?

  • Are deductions from employee paychecks being made only in accordance with state law?

  • Is employee overtime pay being correctly calculated?

  • Are employees being paid all wages due upon termination of employment in accordance with state law?

  • Do your written policies and procedures conform to state and federal wage and hour laws and accurately reflect your organization's practices in this area?

If the answer to any of the above questions is "No," it would be wise to take immediate steps to bring your organization's practices into compliance with federal and state wage and hour laws. We would be pleased to assist you in those efforts.

If your business is located in Oregon and you have any questions or would otherwise like our assistance, please call Craig Armstrong or Sharon Toncray at (503) 224-5858. In Washington State, please call Frank Van Dusen or Susan Stahlfeld at (206) 622-8484.



This Miller Nash Flash Report is a publication of Miller Nash LLP and was prepared for general informational purposes and represents the opinions of the author. It should not be construed as legal advice or a legal opinion on specific facts or circumstances. If you would like more information about anything discussed in this briefing, please contact Craig Armstrong at (503) 205-2324 or carmstrong@millernash.com.

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