71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2233
 
                           A-Engrossed
 
                         House Bill 2500
                  Ordered by the House March 26
            Including House Amendments dated March 26
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Prohibits award of attorney fees in action for wages if
  { - plaintiff fails to make written demand for wages - }
 { + plaintiff's attorney unreasonably failed to give written
notice of wage claim + } before filing action.
 
                        A BILL FOR AN ACT
Relating to attorney fees in action for wages; amending ORS
  652.200.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 652.200 is amended to read:
  652.200. (1) In any action for the collection of any order,
check, memorandum or other acknowledgment of indebtedness
referred to in ORS 652.110, if it is shown that the order, check,
memorandum or other acknowledgment of indebtedness was not paid
for a period of 48 hours, excluding Saturdays, Sundays and
holidays, after presentation and demand for the payment thereof,
the court shall, upon entering judgment for the plaintiff,
include in such judgment, in addition to the costs and
disbursements otherwise prescribed by statute, a reasonable sum
for attorney fees at trial and on appeal for prosecuting said
action, unless it appears that the employee has willfully
violated the contract of employment.
  (2) In any action for the collection of wages, if it is shown
that the wages were not paid for a period of 48 hours, excluding
Saturdays, Sundays and holidays, after the same became due and
payable, the court shall { + , + } upon entering judgment for the
plaintiff, include in such judgment, in addition to the costs and
disbursements otherwise prescribed by statute, a reasonable sum
for attorney fees at trial and on appeal for prosecuting said
action, unless it appears that the employee has willfully
violated the contract of employment  { + or unless the court
finds that the plaintiff's attorney unreasonably failed to give
written notice of the wage claim to the employer before filing
the action + }.
                         ----------