839-001-0420 Payment of Wages at Termination of Employment (1) Except as provided in OAR 839-001-0440 and 839-001-0490, when an employer unilaterally discharges an employee or when the employee and the employer mutually agree to the termination of employment, all of the wages that have been earned but not paid, become due and payable not later than the end of the first business day after the discharge or termination. Except as provided in subsections (3) and (5) of this rule, when the employment terminates because of discharge or mutual agreement on a Saturday, Sunday or holiday, all wages earned and unpaid must be paid by not later than the end of the first business day after the employment termination. (2) When the employee gives the employer notice of 48 hours or more (not including Saturday, Sunday and holidays) that the employee intends to quit employment, all wages that have been earned but not paid become due and payable on the last day of the employee's employment. (3)(a) Except as provided in subsections (b) and (c), when the employee fails to give the employer notice as provided in subsection (2) of this rule, all wages that have been earned but not paid, become due and payable within five days, excluding Saturdays, Sundays and holidays, of the date the employee quit or at the next regularly scheduled payday, whichever occurs first. (b) If an employee has not given to the employer the notice described in subsection (2) of this rule, and if the employee is regularly required to submit time records to the employer to enable the employer to determine the wages due the employee, within five days after the employee has quit, the employer shall pay the employee the wages the employer estimates are due and payable. (c) In the event an employee whose final payment of wages are subject to the provisions of subsection (b) submits required time records after the last day of the employee’s employment, then any additional wages due to the employee and not paid pursuant to subsection (b) must be paid within five days after the employee submits the required time records. (4) When an employee employed pursuant to an unexpired contract which provides for a definite period of work, quits with or without notice, all wages earned but not paid become due and payable at the next regularly scheduled payday. (5) When the employment terminates because of discharge, mutual agreement or the employee quits (with or without notice) and the employer is the Oregon State Fair and Exposition Center, a county fair or show, the County Fair Commission or other employer engaged in activities authorized by ORS 565.010 to 565.990, all wages earned and unpaid must be paid not later than the end of the second business day after the employment termination. This subsection does not apply to contractors, exhibitors or others which are not agencies, boards or commissions established in ORS 565.010 to 565.990. (6) The provisions of this rule do not apply when the employee's employment with the employer is covered by a collective bargaining agreement, the terms of which provide for the payment of wages at termination of employment. However, if the collective bargaining agreement does not contain provisions for the payment of wages at termination of employment, the provisions of this rule are applicable. Statutory/Other Authority: ORS 652.165 Statutes/Other Implemented: ORS 652.140 History: BLI 27-2005, f. 12-29-05, cert. ef. 1-1-06 BLI 7-2003, f. 12-31-03, cert. ef. 1-1-04 BL 9-1996, f. & cert. ef. 10-8-96