2017 ORS 652.235¹
Motion to disallow award of compensatory and punitive damages
  • equal-pay analysis of employer’s pay practices

(1) In a civil action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or 659A.885 (Civil action) (1) alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex), the employer may file a motion to disallow an award of compensatory and punitive damages. The court shall grant the motion if the employer demonstrates, by a preponderance of the evidence, that the employer:

(a) Completed, within three years before the date that the employee filed the action, an equal-pay analysis of the employer’s pay practices in good faith that was:

(A) Reasonable in detail and in scope in light of the size of the employer; and

(B) Related to the protected class asserted by the plaintiff in the action; and

(b) Eliminated the wage differentials for the plaintiff and has made reasonable and substantial progress toward eliminating wage differentials for the protected class asserted by the plaintiff.

(2) If the court grants the motion filed under this section, the court may award back pay only for the two-year period immediately preceding the filing of the action and may allow the prevailing plaintiff costs and reasonable attorney fees, but may not award compensatory or punitive damages.

(3) Evidence of an equal-pay analysis undertaken in accordance with subsection (1) of this section is inadmissible in any other proceeding.

(4) Information that an employer has not completed an equal-pay analysis may not be used as evidence of a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex) in an action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or 659A.885 (Civil action) alleging a violation of ORS 652.220 (Prohibition of discriminatory wage rates based on sex). [2017 c.197 §12]

Note: 652.235 (Motion to disallow award of compensatory and punitive damages) becomes operative January 1, 2019. See section 14, chapter 197, Oregon Laws 2017.

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 652, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano652.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.