Gives three primary reasons an Oregon employee may choose to sue under the FLSA exclusively when prosecuting an overtime wage claim in Oregon.
Reason number 1 to prosecute am Oregon overtime claim under the FLSA
Where the employee has worked a lot of overtime hours, the damage provisions of the FLSA may be more favorable. Under the FLSA, as liquidated damages, an employee may recover an amount equal to the unpaid overtime wages. So if you worked a lot of hours of overtime, and it adds up to more than 30 day's of wages, you may recover more under the FLSA.
Reason number 2 to prosecute am Oregon overtime claim under the FLSA
Under the FLSA, it is possible to sue for overtime wages earned 3 years before the case is filed. Under Oregon law, the statute of limitations is 2 years, and unlike the FLSA, it cannot be extended to 3 years no matter how egregious the employer's failure to pay the wages was.
Reason number 3 to prosecute am Oregon overtime claim under the FLSA
Under the FLSA, the employee is never resposible to pay the employer's attorney fees. This is important to consider when the employee is risk averse, or when the facts currently in the possession of the employee are limited. Sometimes employers hide or alter their records, making it more difficult and more risky to undertake the wage claim lawsuit. Risks can be reduced by filing the overtime claim under the FLSA as opposed to Oregon's overtime statutes.