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Oregon Revised Statutes

Or. Rev. Stat. § 652.230 (2026)

Employee right of action against employer for unpaid wages and damages; statute of limitations; notice requirement

✓ current as of May 2026
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      652.230 Employee right of action against employer for unpaid wages and damages; statute of limitations; notice requirement. (1) Any employee whose compensation is at a rate that is in violation of ORS 652.220 shall have a right of action against the employer for the recovery of:

      (a) The amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action; and

      (b) An additional amount as liquidated damages equal to the amount referred to in paragraph (a) of this subsection.

      (2) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no objectively reasonable basis for appealing an adverse decision of a trial court.

      (3) The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.

      (4) No agreement for compensation at a rate less than the rate to which such employee is entitled under ORS 652.210 to 652.235 is a defense to any action under ORS 652.210 to 652.235.

      (5) For the purpose of time limitations, a compensation practice that is unlawful under ORS 652.220 occurs each time compensation is paid pursuant to a discriminatory compensation decision or other practice.

      (6) An action under this section alleging a violation of ORS 652.220 must be commenced within one year after the occurrence of the unlawful practice.

      (7) Notwithstanding ORS 30.275 (2)(b), notice of claim against a public body under ORS 652.220 must be given within 300 days of discovery of the alleged loss or injury. [1955 c.193 §3; 1981 c.894 §87; 1995 c.618 §110; 2017 c.197 §3]

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1981–2022 · leading case: City of Portland v. Bureau of Labor & Indus., 656 P.2d 353 (Or. Ct. App. 1982).
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City of Portland v. Bureau of Labor & Indus., 656 P.2d 353 (Or. Ct. App. 1982). · cites it 4× “For example, it provides for the automatic recovery of twice the amount of wrongfully unpaid wages, ORS 652.230(1), and for a mandatory award of attorney fees.”
Delima v. Home Depot U.S.A., Inc., 616 F. Supp. 2d 1055 (D. Or. 2008). · cites it 7× “§ 652.230 contains the relevant statute of limitations.”
Heidtke v. Int'l Bhd. of Boilermakers, 801 P.2d 899 (Or. Ct. App. 1990). · cites it 3× “4 ORS 652.230(1) (a) applies only to wage discrimination claims under ORS 652.”
Lemus v. Timberland Apts., L.L.C., 876 F. Supp. 2d 1169 (D. Or. 2012). · cites it 2× “200 (The court shall award attorneys fees to a prevailing plaintiff/employee); Or. Rev. Stat. § 652.230 (The court may award reasonable attorney fees to a prevailing defendant/employer but only “if the court determines that the plaintiff had no objectively reasonable basis for…”
Mathis v. St. Helens Auto Ctr., Inc., 478 P.3d 946 (Or. 2020). “, ORS 652.230(7), the legislature has not specified what it intends for cases that arise at the intersection of ORS 652.”
Thompson v. Bolliger, Hampton & Tarlow, 849 P.2d 526 (Or. Ct. App. 1993). “210 to ORS 652.230. 3 Plaintiff does not contend that the firm’s serious cash flow problem resulted from any lack of good faith on defendant’s part.”
Pope v. Jud. Dep't, 721 P.2d 462 (Or. Ct. App. 1986). “405 (wage enforcement statutes), define “employer” explicitly to exclude the state. 1 Defendant argues that those exclusions demonstrate a legislative intent to exclude the state from liability under ORS 652.”
Jost v. Synopsys Inc (D. Or. 2022). “a civil action under ORS 652.230 (Employee right of action against employer for unpaid wages and damages) or a civil action under 659A.”
State ex rel. Roberts v. Henry H. Miller, Contractors, Inc., 623 P.2d 1081 (Or. Ct. App. 1981). “The claim was for the difference between what was alleged to be the prevailing wage rate for the assignor in Douglas County and what was actually paid, plus the statutory penalty (ORS 652.230(1) and attorneys fees. Defendant answered with a general denial and two affirmative…”
— Or. Rev. Stat. § 652.230(1) — 4 cases
City of Portland v. Bureau of Labor & Indus., 656 P.2d 353 (Or. Ct. App. 1982). “For example, it provides for the automatic recovery of twice the amount of wrongfully unpaid wages, ORS 652.230(1), and for a mandatory award of attorney fees.”
Heidtke v. Int'l Bhd. of Boilermakers, 801 P.2d 899 (Or. Ct. App. 1990). “4 ORS 652.230(1) (a) applies only to wage discrimination claims under ORS 652.”
Delima v. Home Depot U.S.A., Inc., 616 F. Supp. 2d 1055 (D. Or. 2008). “§ 652.230 contains the relevant statute of limitations.”
State ex rel. Roberts v. Henry H. Miller, Contractors, Inc., 623 P.2d 1081 (Or. Ct. App. 1981). “The claim was for the difference between what was alleged to be the prevailing wage rate for the assignor in Douglas County and what was actually paid, plus the statutory penalty (ORS 652.230(1) and attorneys fees. Defendant answered with a general denial and two affirmative…”
— Or. Rev. Stat. § 652.230(1)(a) — 1 case
Heidtke v. Int'l Bhd. of Boilermakers, 801 P.2d 899 (Or. Ct. App. 1990). “4 ORS 652.230(1) (a) applies only to wage discrimination claims under ORS 652.”
— Or. Rev. Stat. § 652.230(2) — 2 cases
City of Portland v. Bureau of Labor & Indus., 656 P.2d 353 (Or. Ct. App. 1982). “For example, it provides for the automatic recovery of twice the amount of wrongfully unpaid wages, ORS 652.230(1), and for a mandatory award of attorney fees.”
Delima v. Home Depot U.S.A., Inc., 616 F. Supp. 2d 1055 (D. Or. 2008). “§ 652.230 contains the relevant statute of limitations.”
— Or. Rev. Stat. § 652.230(7) — 1 case
Mathis v. St. Helens Auto Ctr., Inc., 478 P.3d 946 (Or. 2020). “, ORS 652.230(7), the legislature has not specified what it intends for cases that arise at the intersection of ORS 652.”
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