Remedy for violation of ORS 652.610
Source:
Section 652.615 — Remedy for violation of ORS 652.610, https://www.oregonlegislature.gov/bills_laws/ors/ors652.html (accessed May 26, 2025).
Notes of Decisions
Statutory minimum penalty applies where no actual damages result from wage deductions. Richardson v. Sunset Science Park Credit Union, 268 F3d 654 (9th Cir. 2001)
Where unauthorized payroll deduction was for purpose of recouping overpayment under employee benefit plan, cause of action was not preempted by federal Employee Retirement Income Security Act. Albin v. Qwest Communications Corp., 194 F. Supp. 2d 1138 (D. Or. 2002)
Successful plaintiff may be awarded actual damages or single sum of $200, whichever is greater, for given type of violation of ORS 652.610, even if violation occurs multiple times across multiple pay periods. Brinkman v. ABM Onsite Services-West, Inc., 383 F. Supp. 3d 1120 (D. Or. 2019)
For purposes of determining applicable statute of limitations, $200 award is statutory liquidated damages and not penalty. Brinkman v. ABM Onsite Services-West, Inc., 383 F. Supp. 3d 1120 (D. Or. 2019)