Minimum Wages
Liability of noncomplying employer
- contrary agreements no defense
- wage claims
- suits to enjoin future violations
- attorney fees
Notes of Decisions
Under this section, where Labor Commissioner sued as assignee of affected employes, prevailing defendant-employer was not entitled to attorney fees. State ex rel Stevenson v. Youth Adventures, 42 Or App 263, 600 P2d 880 (1979), Sup Ct review denied
"Civil penalties provided in ORS 652.150" refers to method for calculating minimum wage or overtime violation penalty and does not result in penalty being merged with penalty for failure to pay wages at termination. Cornier v. Paul Tulacz, DVM PC, 176 Or App 245, 30 P3d 1210 (2001)
Where employer failed to pay overtime wages, subsequent termination of employment did not provide basis for additional claim based on nonpayment of same wages at termination. Mathis v. Housing Authority of Umatilla County, 242 F. Supp. 2d 777 (D. Or. 2002)
Reference to ORS 652.150 under subsection (1) of this section includes need to establish that employer's failure to pay wages is willful in order to impose civil penalties. Migis v. Autozone, Inc., 282 Or App 774, 387 P3d 381 (2016)
Atty. Gen. Opinions
Jurisdiction of Wage and Hour Commission, (1974) Vol 37, p 163
Notes of Decisions
Person is employee for purposes of minimum wage law if suffered or permitted to work. State ex rel Roberts v. Bomareto Ent., Inc., 153 Or App 183, 956 P2d 254 (1998), Sup Ct review denied
Atty. Gen. Opinions
Commission authority to prescribe rest periods for excluded employes, (1972) Vol 35, p 1112
Atty. Gen. Opinions
Wage and Hour Commission jurisdiction to regulate governmental entity's employment of minors, (1979) Vol 39, p 489