Hours

ORS 652.230
Employee right of action against employer for unpaid wages and damages

  • statute of limitations
  • notice requirement


(1)

Any employee whose compensation is at a rate that is in violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex) shall have a right of action against the employer for the recovery of:

(a)

The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; and

(b)

An additional amount as liquidated damages equal to the amount referred to in paragraph (a) of this subsection.

(2)

The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

(3)

The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.

(4)

No agreement for compensation at a rate less than the rate to which such employee is entitled under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages) is a defense to any action under ORS 652.210 (Definitions for ORS 652.210 to 652.235) to 652.235 (Motion to disallow award of compensatory and punitive damages).

(5)

For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice.

(6)

An action under this section alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex) must be commenced within one year after the occurrence of the unlawful practice.

(7)

Notwithstanding ORS 30.275 (Notice of claim) (2)(b), notice of claim against a public body under ORS 652.220 (Prohibition of discriminatory wage rates based on sex) must be given within 300 days of discovery of the alleged loss or injury. [1955 c.193 §3; 1981 c.894 §87; 1995 c.618 §110; 2017 c.197 §3]
§§ 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


Source

Last accessed
Jun. 26, 2021