Itemized statement of amounts and purposes of deductions
- timely payment to recipient of amounts deducted
Source:
Section 652.610 — Itemized statement of amounts and purposes of deductions; timely payment to recipient of amounts deducted, https://www.oregonlegislature.gov/bills_laws/ors/ors652.html
(accessed May 26, 2025).
Notes of Decisions
Illegal deduction of wages may be addressed either as regular wage claim under ORS 652.120 or 652.140 or by specific claim of illegal deduction under ORS 652.615. Allen v. County of Jackson, 169 Or App 116, 7 P3d 739 (2000)
For purposes of determining whether withholding, deduction or diversion has occurred, “employee’s wages” includes total pecuniary compensation due employee for services. Allen v. County of Jackson County, 191 Or App 185, 82 P3d 628 (2003), aff’d 340 Or 146, 129 P3d 694 (2006)
Where employer makes unlawful deduction and fails to remedy unlawful deduction within statutory deadline for payment of wages under ORS 652.140, employer is subject to paying both penalty under ORS 652.615 for unlawful deduction and under ORS 652.150 for untimely payment of wages. Wilson v. Smurfit Newsprint Corp., 197 Or App 648, 107 P3d 61 (2005), Sup Ct review denied
Affirmative defense based on value of employer-provided lodging benefit asserted by employer in response to employee’s claim for unpaid wages is affirmative defense for recoupment, not setoff, and is therefore not permitted because while restrictions on wage deductions do not diminish right to assert “setoff” which has longstanding, established legal meaning as “debt independent of and unconnected with cause of action set forth in complaint,” legislature is presumed to have intentionally omitted from provision distinct legal doctrine of “recoupment,” which “seeks the reduction of a claim because of an offsetting claim arising out of exactly the same transaction.” Jones v. Four Corners Rod and Gun Club, 366 Or 100, 456 P3d 616 (2020)
Employer’s unlawful deduction from employee’s wages to cover employer-provided lodging does not preclude employer’s right to bring equitable counterclaim for recoupment for value of lodging benefit. Jones v. Four Corners Rod and Gun Club, 366 Or 100, 456 P3d 616 (2020)
Employer’s successful counterclaim for recoupment for value of employer-provided lodging benefit to employee does not alter employee’s status as prevailing party on claims for unpaid wages, penalties and attorney fees. Jones v. Four Corners Rod and Gun Club, 366 Or 100, 456 P3d 616 (2020)