Ochoa v. Weisensee Ranch, Inc.

Plaintiff appeals the trial court’s denial of his claim for penalties for late payment of wages under ORS 652.150.1 We affirm.

Plaintiff brought this action for nonpayment of overtime wages and liquidated damages under the Fair Labor Standards Act (FLSA), 29 USC § 201 et seq. As an alternative to his claim under FLSA, plaintiff alleged that he was entitled to unpaid overtime wages under former OAR 839-21-017 and ORS 653.055.2 In a second claim for relief, he alleged that he was entitled to penalties under ORS 652.150. In Ochoa v. Weisensee Ranch, Inc., 93 Or App 520, 763 P2d 173 (1988), we…