Hours

ORS 652.235
Motion to disallow award of compensatory and punitive damages

  • equal-pay analysis of employer’s pay practices
  • remedies


(1)

In a civil action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or 659A.885 (Civil action) (1) alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex), the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence, that the employer:

(a)

Completed, within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that:

(A)

Was reasonable in detail and in scope in light of the size of the employer; and

(B)

Included a review of practices designed to eliminate unlawful wage differentials; and

(b)

Has made reasonable and substantial progress toward eliminating unlawful wage differentials for the employer’s employees.

(2)

If the court grants the motion filed under this section and the plaintiff prevails on the claim in the action, the court:

(a)

Shall order the employer to eliminate the unlawful wage differential for the plaintiff;

(b)

Shall award back pay or unpaid wages as provided under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or 659A.885 (Civil action) (1); and

(c)

May allow the prevailing plaintiff costs and reasonable attorney fees, but may not award compensatory or punitive damages.

(3)

(a) Evidence of an equal-pay analysis undertaken in accordance with subsection (1) of this section is inadmissible in any other proceeding.

(b)

Evidence that an employer has increased an employee’s pay as a result of conducting an equal-pay analysis may not be considered as an admission of liability in a civil action alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex).

(4)

Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex) in an action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or 659A.885 (Civil action) alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex). [2017 c.197 §12; 2019 c.617 §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