(2) Except as provided in subsection (3) of this section, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty in an amount equal to the statutory damages provided by ORS 30.701 against an employer that issues a dishonored check to an employee for payment of wages due.
(3) The commissioner may not assess a civil penalty under this section against an employer that has issued a dishonored check for payment of wages due to an employee if the employee has commenced an action under ORS 30.701 against the employer for the same dishonored check.
(4) If the commissioner has assessed a civil penalty under subsection (2) of this section, an employee may not bring an action under ORS 30.701 against the employer for the same dishonored check.
(5) All sums collected as penalties under this section shall be paid to the employee to whom the employer issued the dishonored check. [2011 c.238 §2]