Recent BOLI Final Orders
 
This page contains descriptions of and links to all BOLI Final Orders issued since May 19, 2014, listed in reverse chronological order of issuance, with the most recent case listed first.
   
Brown's Architectural Sheetmetal, Inc. and Brun Metals Company, LLC (August 29, 2016), Case No. 80-15. 
The Agency’s Order of Determination ("OOD") alleged that four wage claimants worked on two public works projects ("ACMA" and "EG"), that Claimants were entitled to be paid the prevailing wage rate for their work on both projects, that they were paid a lesser agreed rate, and that Respondents were Claimants’ joint employers. The OOD sought unpaid wages consisting of the difference between Claimants’ agreed rates and the appropriate prevailing wage rate, liquidated damages, and penalty wages. The forum held: (1) Respondents were not joint employers of Claimants, who were only employed by Brun Metals; (2) Claimants were entitled to be paid the prevailing wage rate for all their work that was physical or manual labor within a trade classification at both projects; (3) Respondent Brun is liable to pay $18,139.81 in unpaid wages and $18,139.81 in liquidated damages for Claimants’ work on the ACMA project; (4) Respondent Brun is liable to pay one Claimant $1,104.96 in unpaid wages and $1,104.96 in liquidated damages for work on the EG project but is not liable to pay unpaid wages on the EG project to the other three Claimants because the Agency did not meet its burden of proof to show the amount and extent of their work subject to the prevailing wage rate; and (5) Respondent Brun’s failure to pay the unpaid wages was willful and Claimants are entitled to $27,480.00 in penalty wages. The Charges against Brown’s Architectural Sheetmetal were dismissed.  Cite this case as 35 BOLI Orders 68 (2016).
 
Abdul Rahim Ghaffari and United Gem & Carpets, Inc. (June 27, 2016), Case Nos. 18-16 & 29-16.  Claimant, a minor, was employed by Respondent Ghaffari, who failed to pay him all wages due and owing, including overtime wages. The forum awarded Claimant $1,627 in unpaid wages. Ghaffari’s failure to pay the wages was willful and the forum awarded Claimant $2,880 in ORS 652.150 penalty wages. The forum awarded Claimant $2,880 as an ORS 653.055 civil penalty because Claimant was not paid all his overtime wages. The forum also found that Ghaffari violated ORS 653.045(2), OAR 839-020-0083, ORS 653.307(2), OAR 839-021-0220(2), OAR 839-021-0104, 839-021-0170, and 839-020-0185 and assessed $5,600 in civil penalties.  Cite this case as 35 BOLI Orders 37 (2016).
 
Portland Flagging, LLC; A D Traffic Control Services, LLC; Tri-Star Flagging, LLC; Portland Safety Equipment, LLC; Phoenix Construction Group, Inc.; SBG Construction Services LLC; GNC Construction Services LLC; Evan Williams and Kenya Smith aka Kenya Smith-Williams (May 20, 2016), Case No. 14-14. Respondents Portland Flagging, LLC, A D Traffic Control Services, LLC and Tri-Star Flagging, LLC failed to pay the prevailing wage rate to 36 workers who performed flagging work during the construction of the Sellwood Bridge, a public works project, when timely deposits were not paid to the workers’ fringe benefit accounts. Civil penalties of $27,046.60 were imposed on Portland Flagging, A D Traffic and Tri-Star for failing to pay the prevailing wage rate. Additionally, civil penalties of $51,000 were assessed against Portland Flagging, A D Traffic and Tri-Star for filing 51 inaccurate certified payroll reports, and an additional civil penalty of $1,000 was imposed for failing to submit a certified payroll statement for the week ending December 8, 2012. Civil penalties were not assessed against Portland Flagging, A D Traffic and Tri-Star for making unlawful payroll deductions because the statute and administrative rule cited in the Agency’s charging document did not provide for an assessment of civil penalties for those violations. Portland Flagging, A D Traffic and Tri-Star were placed on the list of ineligibles to receive public contracts for a period of three years because they failed to pay the appropriate prevailing wage and the prime contractor paid those amounts. As the corporate officer responsible for the intentional falsification of certified payroll statements, Respondent Evan Williams was placed on the list of ineligibles to receive public contracts for a three year period. Cite this case as 35 BOLI Orders 11 (2016).
 
In the Matter of Erick Espinoza Farm Labor Contractor, LLC, and Erick Espinoza-Juarez, individually, (May 5, 2016), Case No. 22-16.  Respondents, an individual and a limited liability company, while acting jointly as farm labor contractors, failed to promptly satisfy a judgment levied against them. The forum found that Respondents were unfit to act as farm labor contractors and revoked their license pursuant to ORS 658.445(3); OAR 839-015-0520 (3)(o); OAR 839-015-0135(1)(c).  Cite this case as 35 BOLI Orders 2 (2016).
 
In the Matter of Portland Flagging, LLC; A D Traffic Control Services, LLC; Tri-Star Flagging, LLC; Portland Safety Equipment, LLC; Phoenix Construction Group, Inc.; SBG Construction Services LLC; GNC Construction Services LLC; and Evan Williams and Kenya Smith aka Kenya Smith-Williams (February 29, 2016), Case No. 37-13.  Respondents Portland Flagging and A D Traffic failed to pay the prevailing wage rate to 13 workers on public works projects when they did not make timely deposits to the workers’ fringe benefit accounts.  Civil penalties of $9,491.34 were imposed on Portland Flagging and A D Traffic for failing to pay the prevailing wage rate.  Additionally, civil penalties of $16,000 are assessed against Portland Flagging and A D Traffic for filing 16 inaccurate certified payroll reports.  Portland Flagging and A D Traffic were placed on the list of ineligibles to receive public contracts for a period of three years because they intentionally falsified information in the certified payroll statements.  As the corporate officer responsible for the intentional falsification, Respondent Evan Williams was placed on the list of ineligibles to receive public contracts for a three year period. Cite this case as 34 BOLI Orders 270 (2016).
 
In the Matter of Portland Flagging, LLC; A D Traffic Control Services, LLC; Tri-Star Flagging, LLC; Portland Safety Equipment, LLC; Phoenix Construction Group, Inc.; SBG Construction Services LLC; GNC Construction Services LLC; and Evan Williams (February 1, 2016), Case No. 28-15.
Respondent Portland Flagging, A D Traffic Control Services, and Tri-Star failed to pay the prevailing wage rate to two workers on public works projects when they did not make timely payments to the workers’ fringe benefit accounts.  On behalf of one worker, the Commissioner ordered Portland Flagging and A D Traffic to pay remaining unpaid wages and liquidated damages in the amount of $2,069.00 plus interest.  On behalf of a second worker, the Commissioner ordered Portland Flagging and A D Traffic to pay remaining unpaid wages and liquidated damages in the amount of $3,357.74 plus interest, and ordered Tri-Star to pay $404.78 plus interest.  Cite this case as 34 BOLI Orders 244 (2016).
 
In the Matter of Blue Gryphon, LLC, and Flora Turnbull (November 24, 2015), Case No. 20-15.  Complainant was suspended and discharged because he reported that Blue Gryphon, the adult foster care home that employed him, had an inadequate food supply for its residents.  The forum awarded Complainant $1,620 in back pay and $20,000 for his emotional and mental suffering.  The forum also required Respondent Turnbull, Blue Gryphon's manager and sole member, to undergo approved training on Oregon's whistleblower laws.  Cite this case as 34 BOLI Orders 216 (2015).
 
In the Matter of Portland Flagging, LLC (September 10, 2015), Case No. 55-15.
Respondent Portland Flagging, LLC failed to pay the prevailing wage rate to two workers on a public works project when it did not make timely payments to the workers’ fringe benefit accounts.  The Commissioner assessed $2000 in civil penalties against Portland Flagging for its failure to pay the prevailing wage rate.  Cite this case as 34 BOLI Orders 208 (2015).
 
In the Matter of Hey Beautiful Enterprises, Ltd. and Kimberly Schoene (July 21, 2015), Case No. 41-15.  Complainant, an esthetician, was employed by Respondent Hey Beautiful Enterprises, Ltd. ("HBE"), which paid its employees every week. After three weeks, Complainant had worked 129 hours and earned $1,161 in wages but had been paid nothing. When Complainant told her manager that she had called the Better Business Bureau to ask advice about getting paid, her employment status was reduced from fulltime to on-call. The next day, when Complainant visited BOLI to inquire about filing a wage claim, she was discharged. The Commissioner concluded that HBE violated ORS 652.355, OAR 839-010-0100(4), ORS 659A.199, OAR 839-010-0100(4), ORS 659A.030(1)(f), and OAR 839-050-0125(2) in changing Complainant’s employment status from fulltime to on-call and discharging Complainant. Respondent Schoene, HBE’s president, was responsible for these unlawful employment practice, thereby violating ORS 659A.030(1)(g) by aiding and abetting HBE’s actions. Complainant was awarded $10,000 in damages for mental and emotional distress stemming from Respondents’ unlawful employment practices and $644.00 for lost wages and tips.  Cite this case as 34 BOLI Orders 188 (2015).
 
In the Matter of Melissa Klein and Aaron Klein, dba Sweetcakes by Melissa (July 2, 2015), Case Nos. 44-14 & 45-14, appeal pending.  The Agency’s Formal Charges alleged that Respondents refused to make a wedding cake for two Complainants based on their sexual orientation and that Respondents published and displayed a communication to that effect, in violation of ORS 659A.403 and ORS 659A.409.  In addition, the Formal Charges alleged that Aaron Klein aided and abetted Melissa Klein in the commission of those violations.  The Commissioner held that: (1) A. Klein, acting on behalf of Sweetcakes by Melissa, refused to make a wedding cake for Complainants based on their sexual orientation, thereby violating ORS 659A.403; (2) M. Klein did not violate ORS 659A.403; and (3) A. Klein did not aid and abet M. Klein in violation of ORS 659A.406. The Commissioner reversed the ALJ’s ruling on summary judgment motions that neither A. nor M. Klein violated ORS 659A.409 and held that both A. and M. Klein violated ORS 659A.409.  As partners, A. Klein and M. Klein were held jointly and severally liable for all violations.  Complainants were awarded $75,000 and $60,000, respectively, in damages for emotional and mental suffering resulting from the denial of service.   Finally, Respondents were ordered to cease and desist from publishing, circulating, issuing or displaying, or causing to be published, circulated, issued or displayed, any communication, notice, advertisement or sign of any kind to the effect that any of the accommodations, advantages, facilities, services or privileges of a place of public accommodation will be refused, withheld from or denied to, or that any discrimination will be made against, any person on account of sexual orientation.  Cite this case as 34 BOLI Orders 80 (2015).
 
In the Matter of Leo Thomas Ryder dba Leo's BBQ Bar & Grill (July 1, 2015), Case No. 21-15.  In a default case, the Agency proved that Respondent fired Complainant because she suffered an on-the-job injury and utilized the provisions of ORS chapter 656.  The forum awarded Complainant $22,092 in back pay and lost tips and $120,000 in emotional, mental, and physical suffering damages.  Respondent was also ordered to undergo training on the correct interpretation and application of the Oregon laws pertaining to injured workers.  Cite this case as 34 BOLI Orders 67 (2015).
 
In the Matter of Christopher Lee Ruston (aka Christopher Lee Stahler) and Christine M. Stahler (May 15, 2015), Case No. 16-15.  Respondents employed Claimant as a babysitter from December 7 through December 21, 2013, at the agreed rate of $5.00 per hour.  Claimant earned $450.00 but was only paid $85.00, and Respondents were ordered to pay Claimant $365.00 in unpaid, due and owing wages.  Respondents willfully failed to pay the wages and were also ordered to pay Claimant $1,200.00 in ORS 652.150 penalty wages.  Cite this case as 34 BOLI Orders 56 (2015).
 
In the Matter of Autoteam, LLC, Global Auto Motors, LLC, and Drive Credit, LLC (March 31, 2015), Case No. 01-15.  Although credible evidence established that Respondent Autoteam employed Claimant, the evidence was not sufficiently reliable to support the number of work hours claimed or whether the Claimant was paid for all hours worked.  Based on the lack of evidence establishing that Respondents failed to pay Claimant for all wages owed, the Amended Order of Determination alleging unpaid wages, penalty wages and civil penalties was dismissed.  Cite this case as 34 BOLI Orders 44 (2015).
 
In the Matter of Kara Johnson dba Duck Stop Market (November 6, 2014), Case No. 30-14, appeal pending.  Complainant, an individual with multiple disabilities who has been prescribed a service dog and uses service dogs to mitigate her disabilities, was not allowed to shop in Respondent’s convenience store in April 2013 while accompanied by her service dogs.  Respondent violated ORS 659A.142(4).  The forum awarded Complainant $60,000 in damages for physical, emotional, and mental suffering.  Cite this case as 34 BOLI Orders 2 (2014).
 
In the Matter of CSRT LLC and Robert Sabo (August 28, 2014), Case No. 38-14.  Respondent CSRT employed Claimant from November 15, 2012, through May 15, 2013, at the agreed rate of $20 per hour. Claimant earned a total of $10,400.00 and was paid nothing for her work. Respondents CSRT and Robert P. Sabo were ordered to pay Claimant $10,400.00 in unpaid, due and owing wages. CSRT and Sabo, as a successor in interest to CSRT, willfully failed to pay these wages and were ordered to pay Claimant $4,800.00 in ORS 652.150 penalty wages.  Cite this case as 33 BOLI Orders 263 (2014).
 
In the Matter of Charlene Anderson dba Domestic Rescue (June 27, 2014), Case No. 41-14.  Respondent, who operated a house-cleaning business, employed Claimant as a house cleaner.  During the weeks at issue, Respondent failed to pay Claimant any of the wages owing to her. Claimant terminated her employment. Notice was sent to the Respondent, who did not dispute that she owed wages, but did object to the hourly rate claimed, which the Agency proved was $10 per hour. Claimant was not paid for 38 hours worked and is owed $380 in unpaid, due and owing wages. The failure to pay Claimant her wages due and owing at the time of termination was willful and Respondent was ordered to pay Claimant $2,400 in penalty wages. Cite this case as 33 BOLI Orders 253 (2014).
 
In the Matter of Multnomah County Sheriff's Office (May 19, 2014), Case No. 01-14, appeal pending.  Complainant, who qualified as a disabled veteran under Oregon’s Veterans’ Preference Law, ORS 408.225 through 408.237, was one of three applicants, all sergeants with Respondent’s office, who applied for a promotion to Law Enforcement Lieutenant.  Complainant was not hired. Respondent did not comply with the Law in that it failed to devise and apply methods to give special consideration in the hiring decision to veterans and disabled veterans. Damages for emotional distress were awarded in the amount of $50,000, and Respondent was ordered to comply with the law and train its staff.  NOTECite this case as 33 BOLI Orders 220 (2014).