Hours

ORS 652.615
Remedy for violation of ORS 652.610

There is hereby created a private cause of action for a violation of ORS 652.610 (Itemized statement of amounts and purposes of deductions) (3) for actual damages or $200, whichever is greater. In any such action the court may award to the prevailing party, in addition to costs and disbursements, reasonable attorney fees. [1981 c.594 §7]

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)

Source

Last accessed
Jun. 26, 2021

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