ORS 652.160
Payment in case of dispute over wages

In case of dispute over wages, the employer must pay, without condition, and within the time set by ORS 652.140 (Payment of wages on termination of employment), all wages conceded by the employer to be due, leaving the employee all remedies the employee might otherwise have or be entitled to as to any balance the employee might claim.

Notes of Decisions

Requirement to pay wages conceded by employer to be due does not shelter employer from penalty for failure to pay disputed wages. Schulstad v. Hudson Oil Co., 55 Or App 323, 637 P2d 1334 (1981), Sup Ct review denied

Wages "conceded" by employer are wages that employer assents to owing employee. Cheeseman v. Jackson & Perkins Wholesale, Inc., 224 Or App 9, 197 P3d 527 (2008)

§§ 652.110 to 652.405

Notes of Decisions

Where employer was charged with criminal violation of Massachusetts payment of wages statute for failing to pay discharged employees for their unused vacation time, employer's policy of paying discharged employees for unused vacation time was not "employee welfare benefits plan" under section 3 (1) of Employee Retirement Income Security Act of 1974 (ERISA) and criminal action to enforce that policy is therefore not foreclosed by section 514 (a) of ERISA. Massachusetts v. Morash, 490 U.S. 107, 109 S. Ct. 1668, 104 L.Ed 98 (1989)

It is unnecessary to imply private right of action for employee against secured creditor in possession under ORS 652.310 to 652.405 when to do so would render provisions of ORS 652.110 to 652.250 superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied


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Jun. 26, 2021