Notes of Decisions
Wages, as used in this section, includes commissions on sales. Hekker v. Sabre Constr. Co., 265 Or 552, 510 P2d 347 (1973)
Where bank took control of companys operations to protect its interests as creditor, company department managers claim against bank for unpaid vacation and severance benefits was action for collection of wages. Chvatal v. United States National Bank of Oregon, 285 Or 11, 589 P2d 726 (1979)
In action for collection of wages, this section does not provide for attorney fees on appeal. Richards v. Watrous, 287 Or 345, 599 P2d 460 (1979)
Where plaintiff was awarded attorney fees under this section, it was proper for trial court to offset defendants counterclaim against attorney fee award. Schulstad v. Hudson Oil Co., 55 Or App 323, 637 P2d 1334 (1981), Sup Ct review denied
Attorney fees recoverable under this section are costs, not part of plaintiffs substantive claim, and thus are not included in the jurisdictional amount for the purpose of determining whether the district court has exclusive jurisdiction. Springer v. Bowen, Lee & Co., 60 Or App 60, 652 P2d 863 (1982)
Where employe violated employment contract but employer acquiesced in the violation by continuing the employment after its discovery, employer was liable for attorney fees. Garvin v. Timber Cutters, Inc., 61 Or App 497, 658 P2d 1164 (1983)
Corporate officer and shareholder who is also corporate employe may recover attorney fees. Wyss v. Inskeep, 73 Or App 661, 699 P2d 1161 (1985), Sup Ct review denied
Statute does not deny equal protection to defendant by permitting award of attorney fees to prevailing plaintiffs only. Kling v. Exxon, 74 Or App 399, 703 P2d 1021 (1985)
Though term wages in this section is not defined by statute, courts have broadly construed term to mean any compensation for employes services. Kantor v. Boise Cascade Corp., 75 Or App 698, 708 P2d 356 (1985), Sup Ct review denied
Legislature did not provide that damages recovered for employers breach of employment contract were wages within meaning of this section entitling employe to statutory attorney fees. Bruce v. S. M. Motor Co., 81 Or App 227, 724 P2d 911 (1986)
Where plaintiff was awarded damages for defendants breach of contract, he was not entitled to attorney fees because damages for breach of contract are not wages. Swartout v. Precision Castparts Corp., 83 Or App 203, 730 P2d 1270 (1986)
Where trial court could not properly find that breaches of contract of employment were not willful where breaches actually caused or would have justified employees termination, employee is not entitled to attorney fees in wage claim. Greenwood Forest Products, Inc. v. Sapp, 98 Or App 276, 779 P2d 180 (1989)
Where statute allows award of fees to successful party, attorney fees may be taken into account for purposes of determining whether or not amount in controversy satisfies jurisdictional requirements. Hendrickson v. Xerox Corp., 751 F Supp 175 (D. Or 1990)
Wages includes penalty wage provided for under ORS 652.150 (Penalty wage for failure to pay wages on termination of employment). Wyatt v. Body Imaging, P.C., 163 Or App 526, 989 P2d 36 (1999), Sup Ct review denied
In action for collection of wages, written notice of wage claim must include name of plaintiff or plaintiffs. Belknap v. U.S. Bank National Association, 235 Or App 658, 234 P3d 1041 (2010), Sup Ct review denied
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, employers 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 (Definitions of employer and employee) to 652.405 (Disposition of wages collected by commissioner when payment cannot be made to person entitled thereto) when to do so would render provisions of ORS 652.110 (Method of paying employees) to 652.250 (Public employees wages as affected by absence to engage in search or rescue operation) superfluous. Stout v. Citicorp Industrial Credit, Inc., 102 Or App 637, 796 P2d 373 (1990), Sup Ct review denied
