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Russell v. U.S. Bank National Association

Summarized by: 

Date Filed: 10-12-2011
Case #: A144289
Hadlock, J. for the Court; Sercombe, P.J.; & Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/A144289.pdf

Employment Law: Under ORS 652.150, the statue of limitations for penalty wages does not begin to run until the employer pays the employee’s final wages, files an action, or after 30 days from date final wages are due.

Pursuant to ORS 652.140(2)(a), Russell gave her employer U.S. Bank National Association (U.S. Bank) 48 hours notice of her intention to quit, therefore requiring U.S. Bank to pay her final wages on Aug. 31, 2001. Russell did not receive her final wages until Dec. 11, 2001. Under ORS 652.150 a penalty for willful non-payment of wages, to be paid to the employee accrues beginning on the due date of the owed wages, until paid, or an action commenced, not to exceed 30 days from the due date. Russell filed for the penalty wages three years and eight days after Sept. 1, 2001, the day following her last day at work. U.S. Bank claimed the three-year statue of limitations began Sept.1, 2001. However, the Court concluded the statute of limitations did not run until Sept. 30, 2011, the final date of accrued penalties. Moreover, the Court stated that ORS 652.150 consolidated all penalty claims into one, singular, claim. Reversed and remanded.