Trent v. Connor Enterprises, Inc.

ORS 652.200(2) requires reasonable attorneys’ fees when the court rules for the plaintiff, except if “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.” ORS 652.200(2).

Plaintiff appealed the trial court’s denial of attorneys’ fees in this action for wages against her former employer, Defendant. Plaintiff assigned error to the trial court’s denial of attorneys’ fees under 29 USC § 216(b), ORS 652.200(2), and “abuse of discretion” because “there [was] no evidence in th[e] record to support a finding that Plaintiff had knowledge of facts that rendered her attempts to settle . . . unreasonable, in bad faith, or lacking in diligence.” On appeal, Plaintiff argued, pursuant to 29 USC § 216(b), reasonable attorneys’ fees are mandatory as apparent from the face of the statute. ORS 652.200(2) requires reasonable attorneys’ fees when the court rules for the plaintiff, except if “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.” ORS 652.200(2). The Court, relying on the text of the statute as “the starting point for interpretation and [as] the best evidence of the legislature’s intent,” determined Plaintiff’s attorney gave notice “before” filing, which satisfied the text of ORS 652.200(2). PGE v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143 (1993).

Reversed and remanded.