Wells v. Carlson

*538WARDEN, J.

Defendant Carlson1 appeals from a judgment awarding plaintiff $928.20 as unpaid wages and $2,609.41 as attorney fees. Plaintiff cross-appeals, arguing that the trial court erred in not awarding him $4,284 as a civil penalty under ORS 652.150 for defendant’s wilful failure to pay wages.

Plaintiff worked for defendant as a timber faller or “cutter” during the summer of 1982. He worked with a group of three to five other cutters which was loosely organized under the direction of a “bull buck,” Mather, who acted as foreman for the employer. Each of the cutters signed a timber-cutting…