2015 ORS 652.615¹
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)


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.