Delgado v. Del Monte Fresh Produce, N.A., Inc., 317 P.3d 419

This is a class action wage and hour case against Del Monte Fresh Produce, N.A., Inc. and Staffco for off-the-clock donning and doffing and related violations in a Portland plant from 2006 to 2007.
Staffco supplied production workers; plaintiffs alleged defendant and Staffco had a joint employment relationship under Oregon wage-hour laws.
The case management order certified a class and identified issues including joint employment, off-clock practices, and penalties under ORS 652.150.
After class discovery, cross-motions for summary judgment addressed whether Del Monte was an employer under two definitions (ORS 653.010(3) and ORS 652.310(1)) for liability and penalties.
At trial, decertification was denied; the jury found a custom or practice of off-clock donning/doffing and that Del Monte was a joint employer of class members.
Following claims processing, the court awarded limited and general judgments for hundreds of class members totaling about $794,100, plus attorney fees and costs; defendant appeals on four assignments.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was the class properly decertified at trial?	Class claims were cohesive; common issues predominate and typicality is met.	Inconsistent witnesses and lack of representative evidence undermine commonality and typicality; decertification warranted.	Court did not abuse discretion; decertification denied.
Whether statutory penalty wages could be awarded on summary judgment given the employer-definition issue	Jury joint-employer finding suffices to establish penalty liability under ORS 652.150.	Penalty-wage liability depends on a narrower employer definition under ORS 652.310(1), not resolved by the jury.	ORCP 61 B permitted court to rely on jury verdict and complete omitted issues; penalty wages affirmed.

Pearson v. Philip Morris, Inc., 257 Or App 106 (Or. App. 2013) (test for commonality and predominance in class actions)
Bernard v. First Nat’l Bank, 275 Or 145 (Or. 1979) (foundational guidance on common questions in class certification)
Derenco v. Benj. Franklin Fed. Sav. and Loan, 281 Or 533 (Or. 1978) (crediting framework for commonality and typicality in class actions)
Guinasso v. Pacific First Federal, 89 Or App 270 (Or. App. 1988) (discusses framework for common issues in certification)
Torres-López v. May, 111 F.3d 633 (9th Cir. 1997) (economic realism/agency-type factors for joint employment)
Taylor v. Ramsay-Gerding Construction Co., 235 Or App 524 (Or. App. 2010) (waiver principles for jury-submitted issues and omitted facts)
Precision Lumber Co. v. Martin Marietta Corp., 125 Or App 34 (Or. App. 1993) (ORCP 61 B and jury-submission mechanics for omitted issues)