Recent BOLI Final Orders
 
This page contains descriptions of and links to all BOLI Final Orders issued since November 6, 2014, listed in reverse chronological order of issuance, with the most recent case listed first.  Except for the most recent cases, all Final Orders can also be found in published volumes of BOLI Orders.
 
Banyan Built Construction Inc, (September 26, 2018) (Case Nos. 38-18 & 39-18).  The forum concluded that (1) Respondent was liable for $592.00 in unpaid gross wages to Claimant Weiland; (2) Respondent was liable for $3,840.00 in ORS 652.150 penalty wages to Claimant Weiland; (3) Respondent was liable for $3,255.01 in unpaid gross wages to Claimant Kirk; (4) Respondent was liable for $3,700.00 in ORS 652.150 penalty wages to Claimant Kirk; and (5) Respondent was liable for $3,700.00 in ORS 653.055(1) and ORS 652.150 penalty wages to Claimant Kirk.  Due to inadequate notice to Respondent in the Agency’s Orders of Determination, Respondent was not found liable for $1,167.22 in unpaid gross wages to Claimant Weiland, and the interim orders regarding Respondent’s violations of OAR 839-001-0300 and corresponding penalties were reversed.  Cite this case as 36 BOLI Orders 269 (2018).
 
Bravo Event Services, Inc. and Dan Kor, (August 27, 2018) (Case No. 01-18).  The Agency established by a preponderance of the evidence that Respondent Bravo Event Services, Inc. (“Bravo”), acting through Daniel Kor, its president, subjected Complainant, a female, to unlawful sexual harassment.  ORS 659A.030(1)(b); OAR 839-005-0030.  The forum concluded that Kor was Bravo’s proxy because of Kor’s officer status in Bravo, making Bravo strictly liable for the harassment of Complainant.  ORS 659A.030(1)(g).  The forum awarded Complainant $100,000 in emotional, mental, and physical suffering damages.  The forum also required Kor and Bravo’s managers and supervisors to undergo approved training on unlawful harassment and discrimination in the workplace.  ORS 659A.850.  Cite this case as 36 BOLI Orders 248 (2018).
 
Lioness Holdings, LLC dba Tan Republic and Peter Lamka, (July 3, 2018) (Case No. 08-18).  The forum concluded that Respondents (1) retaliated or discriminated against Complainant because she submitted a request for sick leave and took sick time, in violation of ORS 653.641(2) and OAR 839-007-0065(2); (2) applied an absence control policy that resulted in an adverse employment action against Complainant, in violation of ORS 652.641(3) and OAR 839-007-0065(3); (3) required Complainant to search for or find a replacement worker as a condition of her use of sick time, in violation of ORS 653.606(8)(a); and (4) constructively discharged Complainant, in violation of OAR 839-050-0011(1)-(4).  The forum declined to award Complainant lost wages but did award $20,000 in emotional, mental, and physical suffering damages.  Cite this case as 36 BOLI Orders 227 (2018). 
 
Navex Global, Inc. (April 30, 2018) (Case No. 59-17), appeal pending. The forum concluded that Respondent terminated Complainant’s employment because of her scheduled service on a jury in violation of ORS 10.090(1).  The forum awarded Complainant $27,514.35 in back pay, $858.79 in out-of-pocket expenses and $120,000 in emotional, mental, and physical suffering damages.  Cite this case as 36 BOLI Orders 200 (2018). 
 

Frehoo, Inc. dba Stars Cabaret & Steak House, Pamela Colburn, Lisa Heinzman-Myers, Jon Herkenrath, Randy Kaiser, Todd Mitchell, and Jeff Struhar (October 5, 2017) (Case No. 37-16), appeal pending.  ​The Agency established by a preponderance of the evidence that Respondent Frehoo, Inc. (“​Frehoo”), an adult entertainment club featuring nude female dancers, subjected a 15-year-old female dancer to unlawful sexual harassment by Frehoo’s customers in violation of ORS 659A.030(1)(b) and OAR 839-005-0030(5), (7).  The forum also concluded that Respondents Jon Herkenrath, Randy Kaiser, Todd Mitchell, and Jeff Struhar aided and abetted the unlawful sexual harassment.  ORS 659A.030(1)(g).  Respondents Pamela Colburn and Lisa Heinzman-Myers are not liable as aiders and abettors.  The forum awarded the aggrieved person $1,000,000 in compensatory damages for the mental and physical suffering she experienced as a result of the unlawful conduct.  The forum also ordered Respondents Frehoo,  Herkenrath, Kaiser, Mitchell and Struhar to cease and desist from continuing to violate laws pertaining to discrimination because of sex and sexual harassment in the workplace.  ORS 659A.050(2), (4).  Cite this case as 36 BOLI Orders 42 (2017).

 
Brown's Architectural Sheetmetal, Inc., Brun Metals Company, LLC, and Marc Brown ​(June 19, 2017)(Case No. 81-15) ​The Agency’s Notice of Intent (“NOI”) alleged that Respondents Brown Architectural (“BAS”) and Brun Metals, LLC (“BMC”) employed four workers on two public works projects (“EG” and “ACMA”) and (1) intentionally failed to pay them the prevailing wage rate; (2) failed to file certified payroll reports; and (3) took action to circumvent payment of the prevailing wage rate.  The NOI sought $52,270.60 in civil penalties and debarment of BAS, BMC, and Marc Brown.  The forum held: (1) BMC was the workers’ sole employer; (2) Respondents did not violate Oregon’s prevailing wage rate law with respect to certified payroll reports or circumvention; (3) BMC failed to pay the prevailing wage rate to the four workers at EG and ACMA; and (4) BMC’s failure was not intentional.  The forum assessed $4,270.60 in civil penalties against BMC based on its failure to pay the prevailing wage rate and did not debar Respondents.  Cite this case as 36 BOLI Orders 13 (2017).​

Oregon Fir Millwork, Inc. (March 21, 2017)(Case No. 26-17).  Six wage claimants worked for Respondent in March, April, and May 2016. They earned $26,317.07 in wages, including $503.25 in overtime wages, and were paid nothing. The forum awarded claimants $26,317.07 in unpaid wages. Respondent’s failure to pay claimants was willful and claimants were awarded a total of $22,994.40 in ORS 652.140 penalty wages. Two of the claimants who worked overtime were also awarded $7,320.00 in ORS 653.055 civil penalties.  Cite this case as 36 BOLI Orders 2 (2017).
 
Oregon State Building & Construction Trades Council (February 9, 2017)(Case Nos. 28-16 & 51-16).  
OSBCTC requested a Determination as to whether the proposed project to construct a new hospital in Newport, Oregon would be a public works on which payment of the prevailing rate of wage is or would be required under ORS 279C.840.  The Agency correctly determined that the proposed new hospital project is not a public works project under ORS 279C.800(6)(a)(A)(2015).  Therefore, payment of the prevailing rate of wage to workers on the project would not be required under ORS 279C.840.  Cite this case as 35 BOLI Orders 271 (2017).
 
 
The Agency’s two charging documents alleged that Respondents committed numerous violations of Oregon’s prevailing wage rates laws on two public works projects and sought to assess $354,514.70 and $15,000, respectively, for Respondents’ alleged violations on the two projects and to place all Respondents on the Commissioner’s list of contractors ineligible to receive any contract or subcontract for public works for a period of three years from the date of publication of their names on that list (“debarment”).

On the first project (case no. 62-15), the forum found that Respondents Green Thumb Landscape and Maintenance, Inc. (“GTM”) and Green Thumb LLC (“GTL”) were joint employers and violated ORS 279C.840(1), OAR 839-025-0035, OAR 839-025-0040, ORS 279C.845, OAR 839-025-0010, ORS 279C.850, OAR 839-025-0030, ORS 653.045(1)&(2), OAR 839-020-0083, ORS 653.261, and OAR 839-020-0030 and assessed $36,852.03 in civil penalties against GTM and GTL.  The forum also found that GTM and GTL intentionally failed to pay three workers the prevailing wage rate and that Scott Friedman and Jennifer Friedman were corporate officers responsible for the nonpayment and imposed debarment on all four Respondents, plus Green Thumb Landscaping and GT General Contracting, businesses in whom GTM and GTL have a financial interest, for three years.
On the second project (case no. 15-16), the forum found that GTM and CJ Construction (“CJ”) were joint employers who committed three violations of ORS 279C.845 and OAR 839-025-0010 and assessed $6,500 in civil penalties.  The forum found that these three certified payroll violations did not constitute intentional falsification and that GTM and CJ did not fail to pay their workers the prevailing wage rate and did not impose debarment on Respondents.  The charges against GTL and both Friedmans were dismissed.

Although CJ did not intentionally fail to pay its workers the prevailing wage rate or intentionally falsify certified payroll reports, CJ was debarred pursuant to ORS 279C.860 and OAR 839-025-0085 because Jennifer Friedman, a person debarred in case no. 62-15, has a financial interest in CJ.
 
Cite this case as 35 BOLI Orders 178 (2017).
 
Coast 2 Coast Construction, LLC (January 26, 2017), Case No. 59-16, appeal pending.  Four claimants filed wage claims with the Agency in which they alleged that Respondent had employed them and not paid them all the wages they had earned.  When Respondent produced no records to show the hours worked and amounts paid to the claimants, the forum relied on the credible testimony of three claimants to determine that they were owed $133.00, $437.25, and $4,531.50, respectively, in unpaid, due, and owing wages in the amounts.  The three claimants were awarded $3,360.00, $3,960.00, and $4,320.00 in ORS 652.150 penalty wages.  One of those claimants was also awarded $4,320.00 as an ORS 653.055 civil penalty because some of his unpaid wages were overtime wages.  The forum awarded no unpaid wages to the fourth claimant because his testimony as to his hours worked and the amount of wages he was paid was not credible and there were no credible records on which to base an award of unpaid wages.  Cite this case as 35 BOLI Orders 151 (2017).
 
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