Section 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 652.220occurs 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.Amended by 2017 Ch. 197,§ 3, eff. 91st day after sine die, op. 1/1/2019.1955 c.193 §3; 1981 c.894 §87; 1995 c.618 §110