(a) For the full amount of the wages, less any amount actually paid to the employee by the employer; and
(b) For civil penalties provided in ORS 652.150.
(2) Any agreement between an employee and an employer to work at less than the wage rate required by ORS 653.010 to 653.261 is no defense to an action under subsection (1) of this section.
(3) The Commissioner of the Bureau of Labor and Industries has the same powers and duties in connection with a wage claim based on ORS 653.010 to 653.261 as the commissioner has under ORS 652.310 to 652.445 and in addition the commissioner may, without the necessity of assignments of wage claims from employees, initiate suits against employers to enjoin future failures to pay required minimum wages or overtime pay and to require the payment of minimum wages and overtime pay due employees but not paid as of the time of the filing of suit. The commissioner may join in a single proceeding and in one cause of suit any number of wage claims against the same employer. If the commissioner does not prevail in such action, the commissioner shall pay all costs and disbursements from the Bureau of Labor and Industries Account.
(4) The court may award reasonable attorney fees to the prevailing party in any action brought by an employee under this section. [1967 c.596 §11; 1977 c.513 §1; 1981 c.850 §2; 1981 c.897 §90; 1985 c.99 §7; 1995 c.618 §111]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 653 - Minimum Wages; Employment Conditions; Minors
Section 653.010 - Definitions for ORS 653.010 to 653.261.
Section 653.017 - Local minimum wage requirements; preemption; exceptions.
Section 653.020 - Excluded employees.
Section 653.022 - "Piece-rate-work-day" defined for ORS 653.020.
Section 653.025 - Minimum wage rate; rules.
Section 653.026 - "Nonurban county" defined for ORS 653.025.
Section 653.040 - Powers of commissioner; rules.
Section 653.045 - Records to be kept by employers; itemization of deductions from wages.
Section 653.060 - Discharging or discriminating against employee prohibited.
Section 653.065 - Application of Administrative Procedures Act.
Section 653.070 - Student-learners special wage; conditions; rules; penalties.
Section 653.075 - Legislative findings on breast-feeding.
Section 653.077 - Expressing milk in workplace; rules.
Section 653.079 - Advisory committee on expressing milk in workplace; membership; duties.
Section 653.256 - Civil penalty for general employment statute or rule violations.
Section 653.261 - Minimum employment conditions; overtime; rules; meal periods; exemptions; penalty.
Section 653.263 - Overtime for persons employed by seafood processors.
Section 653.269 - Exceptions to ORS 653.268; rules.
Section 653.280 - Employer to safeguard employee’s trade equipment.
Section 653.320 - Employment of children under 14 years; exceptions.
Section 653.326 - Employment of professionally trained minors allowed with permit.
Section 653.330 - Employment of minors in certain logging operations prohibited.
Section 653.340 - Employment of minors for message and delivery service.
Section 653.350 - Employment of children under 12 years for certain agricultural labor; conditions.
Section 653.360 - Employment of minors in certain boating, fishing and agricultural situations.
Section 653.370 - Civil penalty for unlawful employment of minors.
Section 653.403 - Visitation rights of bureau; prosecution of offenses against child labor laws.
Section 653.412 - Definitions.
Section 653.422 - Covered employees; integrated enterprises; rules.
Section 653.428 - Good faith estimate of work schedule.
Section 653.432 - Voluntary standby list; penalties.
Section 653.436 - Advance notice of work schedule.
Section 653.442 - Right to rest between work shifts.
Section 653.450 - Employee right to input into work schedule.
Section 653.455 - Compensation for work schedule changes; exceptions.
Section 653.460 - Notice and posting requirements.
Section 653.465 - Record retention requirements.
Section 653.470 - Retaliation prohibited.
Section 653.480 - Enforcement; right of action; penalties.
Section 653.485 - Legislative intent.
Section 653.490 - Local work schedule requirements; preemption; exceptions.
Section 653.547 - Definitions; overtime; meal and rest periods; employment conditions; rules.
Section 653.551 - Unlawful employment discrimination; civil remedies and penalties.
Section 653.553 - Short title.
Section 653.601 - Definitions for ORS 653.601 to 653.661.
Section 653.611 - Substantially equivalent policies.
Section 653.616 - Allowable uses of sick time.
Section 653.621 - Minimum use increments; notice to employer; rules.
Section 653.626 - Medical verification.
Section 653.631 - Accrual amount records.
Section 653.641 - Unlawful practices.