(2) When a public employee receives an erroneous overpayment of wages in an amount greater than the employee’s entitlement, the public employer may deduct the amount of the overpayment from wages earned by the public employee provided that:
(a) The deduction is for an overpayment that occurred during the 364-day period immediately preceding the date on which the public employer provides to the public employee the written statements described under paragraph (b) of this subsection; and
(b) The public employer provides the following to the public employee at least 10 calendar days before making the deduction:
(A) A written statement itemizing the overpayment amount and purpose of each deduction;
(B) A written statement that provides that in no event may the total amount of a deduction exceed five percent of the public employee’s gross pay each pay period, unless the public employee otherwise requests and specifies that a greater percentage or amount be deducted; and
(C) A written statement informing the public employee that, if the public employee is terminated or otherwise separates from employment, the public employer can recoup the balance owed from the public employee’s final paycheck. [2025 c.602 §1]
Note: 652.625 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 652 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Agricultural Workers)