Oregon Revised Statutes

Or. Rev. Stat. § 653.055 (2026)

Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees

✓ current as of May 2026

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653.055 Liability of noncomplying employer; contrary agreements no defense; wage claims; suits to enjoin future violations; attorney fees. (1) Any employer who pays an employee less than the wages to which the employee is entitled under ORS 653.010 to 653.261 or 653.272 is liable to the employee affected:

(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 or 653.272 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 and 653.272 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; 2022 c.115 §5]

Notes of Decisions

Cited in 58 cases (20 in the last 5 years), 1979–2026 · leading case: Migis v. Autozone, Inc., 387 P.3d 381 (Or. Ct. App. 2016).

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Migis v. Autozone, Inc., 387 P.3d 381 (Or. Ct. App. 2016). · cites it 36× “150 and ORS 653.055. Those assignments contend that, as to the off-the-clock claims, the court erred in awarding civil penalties in an amount of $2,348,791 without a jury finding that defendant willfully failed to pay unpaid wages.”

Lemus v. Timberland Apts., L.L.C., 876 F. Supp. 2d 1169 (D. Or. 2012). · cites it 32× “” 5 Or.Rev.Stat. § 653.055 is unique in Oregon wage law because, unlike other attorney fee statutes in Oregon wage and hour laws which either explicitly prohibit an employer from seeking attorney fees or place a higher burden on an employer seeking fees, Or.”

Jones v. Rod, 418 P.3d 765 (Or. Ct. App. 2018). · cites it 13× “615 and ORS 653.055 provided the basis for a discretionary attorney fee award on his third claim.”

Willene Lowdermilk v. United States Bank Nat'l Ass'n, 479 F.3d 994 (9th Cir. 2007). · cites it 3× “She sought unpaid wages plus penalty wages under Or. Rev. Stat. § 653.055 . Second, Plaintiff alleged that Defendant failed to promptly pay Plaintiff her wages upon termination, for which she sought damages and penalty wages under Or.”

Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., 185 P.3d 446 (Or. 2008). · cites it 7× “As noted, this is a wage claim under ORS 653.055. That statute authorizes an employee who is not paid all the wages to which he is entitled to bring an action to recover those unpaid wages, plus penalties: “(1) An employer who pays an employee less than the wages to which the…”

Pascoe v. Mentor Graphics Corp., 199 F. Supp. 2d 1034 (D. Or. 2001). · cites it 12× “140 and for violating either FLSA minimum wage provision or ORS 653.055, with the second penalty limited to whatever amount is greater under the FLSA or ORS 652.”

Cornier v. Paul Tulacz, DVM PC, 30 P.3d 1210 (Or. Ct. App. 2001). · cites it 10× “261, under which employers must pay “one and one-half times the regular rate of pay” for work in excess of 40 hours in one week, and ORS 653.055, which provides a penalty for employers who do not pay at that rate: “(1) Any employer who pays an employee less than the wages to…”

Jones v. Four Corners Rod & Gun Club, 456 P.3d 616 (Or. 2020). · cites it 5× “261 is liable to the employee affected” for wages plus “civil penalties provided in ORS 652.150”); ORS 652.150 (employee entitled to recover civil penalty if employer fails to pay wages due to employee when employment ceases); ORS 652.”

Mathis v. Hous. Auth. of Umatilla Cnty., 242 F. Supp. 2d 777 (D. Or. 2002). · cites it 8× “Accordingly, Mathis is entitled to the benefit of the CBA, including double-time for all hours worked in excess of 49 per week.”

Athena v. Pelican Brewing Co., 345 Or. App. 172 (Or. Ct. App. 2025). · cites it 25× “Plaintiffs brought their claim under ORS 653.055, which provides that employers are liable to employees for unpaid wages, and OAR 839-020-0050, an administrative rule of the Commissioner of the Bureau of Labor and Industries (BOLI), which requires employers to “pay” employees…”

Rogers v. RGIS, LLP, 213 P.3d 583 (Or. Ct. App. 2009). · cites it 10× “” 6 *585 Thus, pursuant to statute, where an employee brings an action as permitted by ORS 653.055, the prevailing party may obtain an attorney fee award.”

Hurger v. Hyatt Lake Resort, Inc., 13 P.3d 123 (Or. Ct. App. 2000). · cites it 10× “150 and ORS 653.055. Both sides moved for summary judgment on the second claims.”

Show all 58 citing cases →

— Or. Rev. Stat. § 653.055(1) — 15 cases

Migis v. Autozone, Inc., 387 P.3d 381 (Or. Ct. App. 2016). “150 and ORS 653.055. Those assignments contend that, as to the off-the-clock claims, the court erred in awarding civil penalties in an amount of $2,348,791 without a jury finding that defendant willfully failed to pay unpaid wages.”

Jones v. Rod, 418 P.3d 765 (Or. Ct. App. 2018). “615 and ORS 653.055 provided the basis for a discretionary attorney fee award on his third claim.”

Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., 161 P.3d 319 (Or. Ct. App. 2007).

Gafur v. Legacy Good Samaritan Hosp. & Med. Ctr., 185 P.3d 446 (Or. 2008). “As noted, this is a wage claim under ORS 653.055. That statute authorizes an employee who is not paid all the wages to which he is entitled to bring an action to recover those unpaid wages, plus penalties: “(1) An employer who pays an employee less than the wages to which the…”

Athena v. Pelican Brewing Co., 345 Or. App. 172 (Or. Ct. App. 2025). “Plaintiffs brought their claim under ORS 653.055, which provides that employers are liable to employees for unpaid wages, and OAR 839-020-0050, an administrative rule of the Commissioner of the Bureau of Labor and Industries (BOLI), which requires employers to “pay” employees…”

— Or. Rev. Stat. § 653.055(1)(6) — 1 case

Freeman v. Smith (D. Or. 2021).

— Or. Rev. Stat. § 653.055(1)(a) — 1 case

McCauley v. ASML US, Inc., 917 F. Supp. 2d 1143 (D. Or. 2013).

— Or. Rev. Stat. § 653.055(1)(b) — 4 cases

Athena v. Pelican Brewing Co., 345 Or. App. 172 (Or. Ct. App. 2025).

Freeman v. Smith (D. Or. 2021).

Patrick v. McMenamins, Inc., 350 Or. App. 44 (Or. Ct. App. 2026).

— Or. Rev. Stat. § 653.055(2) — 3 cases

Mathis v. St. Helens Auto Ctr., Inc., 478 P.3d 946 (Or. 2020).

Hurst v. First Student, Inc., 181 F. Supp. 3d 827 (D. Or. 2016).

Baxter v. M. J. B. Investors, 876 P.2d 331 (Or. Ct. App. 1994).

— Or. Rev. Stat. § 653.055(3) — 2 cases

Perri v. Certified Languages Int'l, LLC, 66 P.3d 531 (Or. Ct. App. 2003).

State ex rel. Stevenson v. Youth Adventures, 600 P.2d 880 (Or. Ct. App. 1979).

— Or. Rev. Stat. § 653.055(4) — 12 cases

Lemus v. Timberland Apts., L.L.C., 876 F. Supp. 2d 1169 (D. Or. 2012). “” 5 Or.Rev.Stat. § 653.055 is unique in Oregon wage law because, unlike other attorney fee statutes in Oregon wage and hour laws which either explicitly prohibit an employer from seeking attorney fees or place a higher burden on an employer seeking fees, Or.”

Jones v. Rod, 418 P.3d 765 (Or. Ct. App. 2018). “615 and ORS 653.055 provided the basis for a discretionary attorney fee award on his third claim.”

Rogers v. RGIS, LLP, 213 P.3d 583 (Or. Ct. App. 2009). “” 6 *585 Thus, pursuant to statute, where an employee brings an action as permitted by ORS 653.055, the prevailing party may obtain an attorney fee award.”

Jones v. Four Corners Rod & Gun Club, 456 P.3d 616 (Or. 2020). “261 is liable to the employee affected” for wages plus “civil penalties provided in ORS 652.150”); ORS 652.150 (employee entitled to recover civil penalty if employer fails to pay wages due to employee when employment ceases); ORS 652.”

— Or. Rev. Stat. § 653.055(l)(b) — 6 cases

Hurger v. Hyatt Lake Resort, Inc., 13 P.3d 123 (Or. Ct. App. 2000). “150 and ORS 653.055. Both sides moved for summary judgment on the second claims.”

Mathis v. Hous. Auth. of Umatilla Cnty., 242 F. Supp. 2d 777 (D. Or. 2002). “Accordingly, Mathis is entitled to the benefit of the CBA, including double-time for all hours worked in excess of 49 per week.”

Cornier v. Paul Tulacz, DVM PC, 30 P.3d 1210 (Or. Ct. App. 2001). “261, under which employers must pay “one and one-half times the regular rate of pay” for work in excess of 40 hours in one week, and ORS 653.055, which provides a penalty for employers who do not pay at that rate: “(1) Any employer who pays an employee less than the wages to…”

Delgado v. Del Monte Fresh Produce, N.A., Inc., 317 P.3d 419 (Or. Ct. App. 2014).

— Or. Rev. Stat. § 653.055(l)(c) — 1 case

Ochoa v. Weisensee Ranch, Inc., 811 P.2d 147 (Or. Ct. App. 1991).

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