(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]