Oregon
Oregon: Penalties for Wage Violations Are Per Category Not Per Paycheck
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APPLIES TO All Employers with Employees in OR |
EFFECTIVE SEP 10, 2026 |
QUESTIONS? Contact HR On-Call |
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Discussion
In Winn v. Blakeslee Vineyard Estate, Inc., the Oregon Court of Appeals ruled that the statutory damages stated in Oregon Revised Statutes (ORS) Section 652.615 are not awarded per paycheck but per category of statutory violations. Here, the plaintiff employee worked in the wine tasting room for the defendant and was paid hourly. She resigned after eight months and alleged the defendant improperly appropriated tip money, failed to compensate employees for all hours worked, and improperly deducted bonuses from paychecks.
In reaching its ruling, the court looked to the statutory context and legislative history of Section 652.615. The statute provides for a private cause of action and actual damages of $200 or greater for violations of Section 652.610 – the statute that specifies what should be included in itemized wage statements and permissible deductions from wages. The legislature did not define “a violation,” so the court looked to similar provisions in the same section. The court found that where the legislature wished to account for a violation for each pay period, it explicitly specified so. Here, it did not. Additionally, legislative history showed that the statutory damages section was constructed to minimize the cost for employers and to allow a claim to proceed in either district or small claims court. This showed that “no legislator thought that the $200 itself would stack because that would quickly remove the case from courts of limited lower value jurisdiction.” The Oregon Supreme Court has also interpreted similar statutes with similar damage provisions to apply by the type of violation.
This ruling provides some relief for employers when plaintiffs claim statutory damages based on each paycheck. Regardless, wage and hour violations can result in significant monetary consequences, and employers should ensure that their pay practices are in line with the requirements of the law.
Action Items
- Review payroll procedures to ensure wages are paid timely and improper deductions are avoided.
- Have appropriate personnel trained on the requirements.
- Consult with legal counsel in the event of a claim for wage and hour violations.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase