Digest to BOLI Final Orders
BOLI publishes a Digest of summaries of substantive and procedural principles of law set out in volumes of BOLI Orders. Currently, two cumulative Digests have been published in hard copy, the first covering BOLI Orders vols. 1-28 and the second covering BOLI Orders vols. 29-31. Both Digests can be accessed on this website by clicking on links provided on this web page. The supplemental Digest for BOLI Orders vols. 32 and 33 is now available and can be accessed through links at the end of this page.
The Digest is organized into nine primary chapters – Administrative Process, Child Labor, Civil Rights, CEEES, Farm/Forest Labor Contractor, Farmworker Camps, Prevailing Wage, Private Employment Agencies, and Wage Collection.
Administrative Process: Contains rulings on procedural, evidentiary, jurisdictional, and constitutional issues.
Child Labor: Contains rulings on substantive issues related to alleged child labor violations under ORS chapter 653, as well as BOLI’s administrative rules interpreting those statutes.
Civil Rights: Contains rulings on substantive issues related to alleged civil rights violations under ORS chapters 654, former ORS chapters 659, and current ORS chapter 659A, as well as BOLI’s administrative rules interpreting those statutes. The Table of Contents in the Digest to BOLI Orders vols. 1-28 is a separate chapter.
CEEES: Contains substantive rulings in one case litigated under Oregon’s former Consumer Electronic Equipment Service law, repealed in 1995.
Farm/Forest Labor Contractor: Contains rulings on substantive issues related to farm/forest labor contractor law enforced by BOLI under ORS chapter 658, as well as BOLI’s administrative rules interpreting those statutes.
Farmworker Camps: Contains rulings on substantive issues related to farmworker camps enforced by BOLI under ORS chapter 658, as well as BOLI’s administrative rules interpreting those statutes.
Prevailing Wage Rate: Contains rulings on substantive issues related to prevailing wage rate laws enforced by BOLI under former ORS chapter 279 and current ORS chapter 279C, as well as BOLI’s administrative rules interpreting those statutes.
Private Employment Agencies: Contains substantive rulings on substantive issues related to private employment agency law formerly enforced by BOLI under ORS chapter 658. There have been no Final Orders issued in this area of law since 1979.
Wage Collection: Contains rulings on substantive issues related to wage and hour laws enforced by BOLI under ORS chapters 652 and 653, as well as BOLI’s administrative rules interpreting those statutes.
Each chapter is prefaced by a detailed table of contents, followed by summaries listed under the same topic and subtopic headings in the table of contents. For example, the table of contents in the Wage Collection chapter in Digest to BOLI Orders vols. 1-28 contains the following listing for the topic “Deductions From Wages”:
6.0 Deductions from Wages
6.1 --- Generally
6.2 --- Authorization of Deductions
6.3 --- Deductions Required to be for Employee's Benefit
6.4 --- Specific Deductions and Setoffs
6.4.1 --- Draws, Advances, Loans
6.4.2 --- Meals, Lodging, Facilities
6.4.3 --- Tools, Equipment, Uniforms
6.4.4 --- Breakage, Damage
6.4.5 --- Other Deductions, Setoffs, or Counterclaims
Suppose you want to find out if any Final Orders have decided whether the employer or employee is responsible for paying to have the employee’s uniform cleaned. You can scroll to “6.4.3 Tools, Equipment, Uniforms,” where you will find the following entries:
6.4.3 --- Tools, Equipment, Uniforms
When respondent failed to pay all wages due to a wage claimant upon termination because claimant had allegedly failed to turn in a cleaned uniform, the commissioner found an unauthorized withholding in violation of ORS 652.610. ----- In the Matter of Danny Jones, 15 BOLI 96, 103 (1996).
When respondent’s answer suggested that the wage claimant was indebted to respondent for using respondent’s equipment on a job of his own, but the evidence established that the equipment was used by claimant at respondent’s request and direction and that claimant was paid for his time by the customer, the forum disallowed any setoff for use of the equipment and deducted the hours involved. ----- In the Matter of Samuel Loshbaugh, 14 BOLI 224 (1995).
In addition, topic and subtopic headings in each primary subject area are cross-referenced to similar topics that appear in other places in the Digest. For example, the table of contents in the Wage Collection chapter in the Digest to BOLI Orders vols. 1-28 lists the following:
7.0 PAYMENT OF WAGES
7.1 --- Agreed Rate (see also 12.1)
7.2 --- Reimbursable Expenses
7.3 --- Paydays, Pay Periods
7.4 --- Employers' Duty to Know Law and Amount Due Employee (see also 12.2)
* * * * *
12.0 OTHER MATTERS CLAIMED AS DEFENSES
12.1 --- Contract Exempting Employer from Wage and Hour Laws/Agreed Rate Less than Minimum Wage (see also 7.1)
12.2 --- Ignorance or Misunderstanding of the Law (see also 7.4)
12.3 --- Unconstitutionality
12.4 --- Arbitration Agreements
12.5 --- Other
Each summary is accompanied by a citation to a Final Order, complete with any appellate history. Summaries are listed chronologically, from newest to oldest. Although the summarized text in the original Final Order may cite specific statutes or administrative rules, those references have generally been deleted in the summaries except when necessary to provide context. When a principle of law has been articulated in more than one Final Order, summaries are followed by a primary citation to the most recent case, followed by string citations to other BOLI Final Orders standing for the same principle. Summaries followed by multiple string citations typically reflect longstanding, settled principles of law. For example:
9.2 --- Payroll Records, Time Records & Itemized Statements
It is an employer’s duty to keep an accurate record of the hours worked by its employees. ----- In the Matter of Computer Products Unlimited, Inc., 31 BOLI 209, 225 (2011). See also In the Matter of Mark A. Frizzell, 31 BOLI 178, 206 (2011); In the Matter of Paul Samuels, 31 BOLI 146, 158 (2010); In the Matter of Laura M. Jaap, 30 BOLI 110, 131 (2009).
Employers are required to keep and maintain proper records of wages, hours and other conditions and practices of employment. ----- In the Matter of 82nd Street Mall, Inc., 30 BOLI 140, 147 (2009). See also In the Matter of Kurt E. Freitag, 29 BOLI 164, 201 (2007), aff’d without opinion, Freitag v. Bureau of Labor and Industries, 243 Or App 389, 256 P3d 1099 (2011); In the Matter of Joseph Francis Sanchez, 29 BOLI 211, 220 (2007).
IMPORTANT NOTE: The statutes and administrative rules enforced by BOLI have changed considerably over the years. Parallel federal laws, such as the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, and Title VII of the Civil Rights Act of 1964, as amended, which often provide guidance to BOLI’s decision makers, have also evolved through legislative amendment and court decisions. In many cases, this will not be evident from the Digest because a particular issue has not been litigated, or litigated recently, in a BOLI contested case. Consequently, the reader is advised to use the Digest as a starting point, not a stopping place, for research into a particular subject. BOLI has attempted to ensure that all summaries accurately reflect the principle of law for which a cited Final Order stands. However, the reader bears the responsibility of reading Final Orders in their entirety to determine the accuracy and context of each summary.