Delgado v. Del Monte Fresh Produce, N. A., Inc.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Remedies
  • Date Filed: 01-02-2014
  • Case #: A147612
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; and Egan, J.
  • Full Text Opinion

"Employers" under ORS 653.010(3) may be liable for penalty wages on summary judgment under ORCP 61 B.

Defendant Del Monte Fresh Produce, N.A., Inc. (Del Monte), appeals from a special jury verdict for Delgado et. al. and the trial court's subsequent awards of statutory penalty wages and attorney fees in this class action suit. Del Monte argues that the trial court erred by (1) refusing to decertify the class at trial and (2) by applying the definition of joint “employer” ORS 653.010(3) rather than the narrower definition applicable to the assessment of penalty wages under ORS 652.150. The Court of Appeals held (1) the trial court did not abuse its discretion in denying Del Monte’s motion to decertify the class at the close of evidence at trial, and (2) the trial court correctly found that Del Monte was an employer liable for penalty wages on summary judgment under ORCP 61 B, and Del Monte waived jury determination of that issue by failing to demand its submission to the jury. Affirmed.

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