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BELKNAP v. U.S. BANK NAT. ASS'N

030100042; A138636.

234 P.3d 1041 (2010)

235 Or. App. 658

Brad BELKNAP and Lorraine Nicole Brulc, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, Cross-Respondents, v. U.S. BANK NATIONAL ASSOCIATION, dba U.S. Bank, Defendant-Respondent, Cross-Appellant.

Court of Appeals of Oregon.

Decided June 16, 2010.

Attorney(s) appearing for the Case

A.E. Bud Bailey argued the cause for appellants-cross-respondents. On the opening brief were J. Dana Pinney, Jacqueline L. Koch, and Bailey, Pinney & Associates. On the reply brief were A.E. Bud Bailey, J. Dana Pinney, and Bailey, Pinney & Associates.

Christopher F. McCracken, Portland, argued the cause for respondent-cross-appellant. With him on the briefs were Timothy R. Volpert, Carol J. Bernick, and Davis Wright Tremaine LLP.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

SERCOMBE, P.J.

This case began as a class action by former employees of U.S. Bank National Association (bank) to recover penalty wages. The class plaintiffs—former employees whose employment had terminated in the three years preceding the filing of the complaint—alleged that the bank had failed to timely pay them all their wages, as required by ORS 652.140. That statute requires generally that employees who quit or who are fired must be paid all wages...

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