Wage Claim Cases
New truck driver asks to ride along with an owner-operator to get experience in the industry. After disappearing in a neighboring state, the individual makes a wage claim for the time spent riding in owner-operator’s vehicle. Defendant prevailed at trial and on appeal.
Employees alleged overtime. Defense argued the employees were not entitled to overtime because job duties affected motor vehicle safety involved in interstate commerce pursuant to federal Amtrak Act exemption, which the state of Oregon also exempts. The case settled.
Employee alleges retaliation for making working-off-the-clock wage claim after supervisor chased plaintiff into the bathroom. Case settled.
Individual wage claim settlement follows soon after class action wage claim dismissed, and is settled.
Employee’s inconsistent statements undermine employee’s ability to prove wage loss, and the case settled.
Employee alleged employer’s required garnishment deductions exceeded amount permitted by statute. Employer acknowledged excess withholding, and the case was settled.
Plaintiff alleged that he was not paid sales commissions owed. The case was settled.
Oregon BOLI brought a lawsuit against alleged employer on behalf of exotic dancers who were engaged by a third-party business. Alleged employer argued that dancers are not employees to whom minimum wage is due. Defense won the case at trial.
Plaintiff alleged state and federal (Fair Labor Standards Act) premium wage overtime claim. Defense focused on the lack of interstate activity, plaintiff’s exempt status, and plaintiff’s inability to quantify his excess work hours during deposition. The case settled.
Plaintiff, commercial truck driver, failed to quantify the amount of time that he allegedly worked without pay through his, inter alia, rest and meal periods. Plaintiff prevailed at trial.
After a confrontation, a long-term employee filed for unemployment and alleged overdue termination wages, while the employer believed employee planned to return to work. The employee also alleged to the unemployment department that she was fired, while employer argued that she quit. The defense was based on evidence from the long history between the parties. An administrative law judge found that the employee had left voluntarily, and no claims were pursued.
Commissioned salesperson claimed unpaid termination wages for commissions earned but not paid until employer received the income. The case was settled.
Commissioned outside salesperson claims minimum wage and overtime wages, in addition to commissions for sales that closed after termination. All claims settled quickly.
Long-time residential apartment manager claimed six years’ wages and overtime. Defense was based on statutory overtime exemptions and documentary evidence of actual work hours. The case settled after depositions were taken.