Recent BOLI Final Orders
 
This page contains descriptions of and links to all BOLI Final Orders issued since March 21, 2017, 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.

The forum concluded that Respondent Vision International Petroleum LLC (“Vision”) violated ORS 659A.030(1)(b), ORS 659A.030(1)(g), OAR 839-005-0021, OAR 839-005-0030(4)(a), ORS 659A.199 and ORS 659A.030(1)(b) when it failed to take sufficient action to prevent unlawful harassment, terminated Complainant because of his race and in retaliation for his complaints about unlawful harassment in the workplace.  Respondent Hai Chheng Gov, the sole member of the Vision limited liability corporation, violated ORS 659A.030(1)(g) by aiding and abetting Vision’s violations.  The forum awarded Complainant $60,000 in damages for mental and emotional distress, stemming from the unlawful employment practices and $1,600 in lost wages.  Cite this case as 37 BOLI _ (2019). 

Respondent failed to pay all prevailing wage rate wages and prevailing wage rate overtime wages to seven workers on two public works projects. On behalf of the workers, the Commissioner ordered Respondent to pay liquidated damages in the total amount of $32,473.88, plus interest.  Cite this case as 37 BOLI _ (2019). 

City of The Dalles, Columbia Gateway Urban Renewal Agency and Tokola Properties, Inc. requested a Determination as to whether the proposed urban renewal project to construct a mixed-use development in The Dalles, 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 project is a public works project under ORS 279C.800(6)(a)(B) (2017). Therefore, payment of the prevailing rate of wage to workers on the project would be required under ORS 279C.840.  Cite this case as 37 BOLI _ (2019).
 
The forum concluded that Respondent discriminated against Complainant Moore based on disability, familial status and source of income, in violation of ORS 659A.145(2)(a) and OAR 839-005-0205(1)(a), ORS 659A.145(2)(c) and OAR 839-005-0205(1)(c), ORS 659A.145(2)(g) and OAR 839-005-0220(2)(c), ORS 659A.421(2)(a) and OAR 839-005-0205(1)(a), ORS 659A.421(2)(c) and OAR 839-005¬0205( 1)(c).  The forum concluded that Respondent violated ORS 659A.145(2)(a) and OAR 839-005-0205(1)(a), ORS 659A.145(2)(c) and OAR 839-005¬0205(1)(c), ORS 659A.145(2)(g); OAR 839-005-0220(2)(c), ORS 659A.421(2)(a) and OAR 839-005-0205(1)(a), ORS 659A.421(2)(c) and OAR 839-005-0205(1)(c), with respect to Complainant FHCO.  The forum awarded Complainant $300,000.00 in emotional and mental suffering damages.  The forum awarded $7,669.00 in damages to Complainant FHCO.  The forum declined to award civil penalties.  Cite this case as 37 BOLI _ (2019).
 
The forum concluded that Respondent On Time Trucking Inc. (“On Time”) violated ORS 654.062(5) and ORS 659A.199 when it terminated Complainant in retaliation for his complaints about unsafe working conditions.  Respondent Oregon Truck Painting, LLC, is a successor employer of On Time pursuant to OAR 839-004-0003(3)(c) and is also liable for On Time’s violation of ORS 654.062(5).  Respondent Bowman, On Time’s president, violated ORS 659A.030(1)(g) by aiding and abetting On Time’s violation of ORS 659A199.  The forum awarded Complainant $75,000 in damages for mental and emotional distress stemming from the unlawful employment practices, but did not award any lost wages or out-of-pocket expenses.  Cite this case as 37 BOLI _ (2018).
 
The forum concluded that Respondent discriminated against and unlawfully terminated Complainant due to his opposition to practices forbidden under the Oregon Safe Employment Act (“OSEA”), in violation of ORS 654.062(5)(a), (b), (c), OAR 839-004-0003(1), and OAR 839-004-0016(1), (2).  The forum awarded Complainant $2,045.04 in economic damages and $50,000.00 in emotional and mental suffering damages.  The forum declined to award Complainant the remaining $8,154.96 in economic damages, sought by the Agency, based on a lack of evidence.  Cite this case as 37 BOLI _ (2018).
 
Respondent Pamplin Broadcasting-Oregon, Inc. dba Pamplin Media Group (“Pamplin”) employed two wage claimants to host an afternoon talk radio show at the rate of $200.00 per show.  In response to the Agency’s assertion that the wage claimants were owed unpaid overtime wages, Pamplin asserted that claimants were independent contractors and, therefore, were not employees entitled to overtime wages.  Pamplin argued, alternatively, that if the wage claimants were employees, then they were exempt creative professional employees.  The forum rejected these defenses and ordered Pamplin to pay claimants a total of $4,073.44 in unpaid, due and owing wages.  Pamplin’s failure to pay the wages was willful, and Pamplin was ordered to pay claimants a total of $10,324.80 in penalty wages pursuant to ORS 652.150.  Based on Pamplin’s failure to pay overtime wages to the claimants, Pamplin was also ordered to pay the claimants a total of $10,324.80 in civil penalties pursuant to ORS 653.055(1)(b).  The forum also assessed $30,700.00 in civil penalties for Pamplin’s violations of ORS 653.256(1), OAR 839-020-1010(1)(b), 653.045(1) and (2), and OAR 839-020-0083(3).  Cite this case as 37 BOLI _ (2018).
 
The forum concluded that Respondent Edgewood Construction, LLC discriminated against and unlawfully terminated Complainant due to his invocation or use of Workers' Compensation benefits, in violation of ORS 659A.040(1) and OAR 839-006-0117(1)(a). The forum did not find Respondent Edgewood Construction LLC liable for violation of ORS 659A.043 and OAR 839-006-0130(1)(a)-(d). Respondent Roberto Garcia, Respondent Tomas Juarez-Flores and Respondent Miguel Doe were not held jointly and severally liable as alders and abettors, due to lack of service. The forum awarded Complainant $21,560.00 in economic damages and $50,000.00 in emotional and mental suffering damages.  Cite this case as 37 BOLI 2 (2018).
 
Prior to a contested case hearing on this matter, the forum granted the Agency's Motion for Summary Judgment in its entirety, resolving all issues.  The forum concluded that Respondent was liable for: (1) employing minors without an Annual Employment Certificate, in violation of ORS 653.307 and OAR 839-021-0220(2); (2) employing a minor under 14 years of age without a valid Employment Permit, in violation of ORS 653.320 and OAR 839-021-0246(1); (3) failing to keep records pursuant to ORS 653.307 and OAR 839-021-0170(1)(a)-(g); and (4) failing to pay a minor employee the minimum wage, in violation of ORS 653,025 and OAR 839-020-0010.  Due to aggravating factors in the case, the forum awarded the Agency $11,900.00 in civil penalties.  Cite this case as 36 BOLI 295 (2018).
 
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 271 (2018).
 
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 250 (2018).
 
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 229 (2018). 
 
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 202 (2018).
 

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 43 (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 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 2 (2017).

 
​​​​​​​​​​
​​​​​​​​​