2015 ORS 652.195¹
Liability for dishonored check for payment of wages
  • penalties

(1) An employer that issues to an employee a dishonored check for payment of wages due is liable to the employee for the remedies provided in ORS 30.701 (Actions against maker of dishonored check).

(2) Except as provided in subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty in an amount equal to the statutory damages provided by ORS 30.701 (Actions against maker of dishonored check) against an employer that issues a dishonored check to an employee for payment of wages due.

(3) The commissioner may not assess a civil penalty under this section against an employer that has issued a dishonored check for payment of wages due to an employee if the employee has commenced an action under ORS 30.701 (Actions against maker of dishonored check) against the employer for the same dishonored check.

(4) If the commissioner has assessed a civil penalty under subsection (2) of this section, an employee may not bring an action under ORS 30.701 (Actions against maker of dishonored check) against the employer for the same dishonored check.

(5) All sums collected as penalties under this section shall be paid to the employee to whom the employer issued the dishonored check. [2011 c.238 §2]

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, employer's 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 employee's 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


1 Legislative Counsel Committee, CHAPTER 652—Hours; Wages; Wage Claims; Records, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors652.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.