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Final orders


The Bureau of Labor and Industries holds contested case hearings and makes final order determinations.

The Labor Commissioner issues Final Orders that interpret and apply the many statutes and administrative rules enforced by this agency. Find recent and historical final orders below on this page.

If you have questions, please contact our office help@boli.state.or.us or contact the Contested Case Coordinator directly anickerd@boli.state.or.us.

Recent final orders

Select a case to reveal more information.

Case number
61-18
Hyperlink
Knockers Strip Club
Date
5/16/2023
Description

​The Amended Formal Charges alleged that Respondents violated ORS 659A.030(1)(b), OAR 839-005-0010(1)(a)(b)(c)(d)(A), (B)(i)(l) and OAR 839-005-0010(4)(a)(A)(B)(C) (b) by subjecting Complainant to different terms and conditions of employment, and harassed her because or her race.  The Agency also alleged that Respondents Ostermiller and Williams aided or abetted the unlawful actions under ORS 659A.030(1)(g).  After a hearing on the merits, the forum concluded that the Agency failed to prove the alleged violations by a preponderance of the evidence and dismissed all charges against Respondents.​

Cite
39 BOLI _ (2023)
Case number
53-21
Hyperlink
Dev's Burgers
Date
5/11/2023
Description

​The Agency established by a preponderance of the evidence that Respondent Ramarjundev, LLC dba Dev’s Burgers subjected Complainant to unlawful sexual harassment from a non-employee and retaliated against Complainant in violation of ORS 659A.030(1)(b),(f), ORS 659A.199(1), OAR 839-005-0010(1),(4), OAR 839-005-0125(2)(a)(A), OAR 839-005-0030(7) and OAR 839-005-0100(1).  The forum also concluded that Respondent Rakesh Sharma aided or abetted the unlawful sexual harassment and retaliation.  ORS 659A.030(1)(g).  The forum awarded Complainant $9,693 in lost wages and $100,000 in compensatory damages for the mental and emotional distress she experienced as a result of the unlawful conduct.  The forum also ordered Respondents to undergo training on preventing sexual discrimination in the workplace.  ORS 659A.050(2), (4).​

Cite
39 BOLI _ (2023)
Case number
05-21
Hyperlink
Reynolds Consultation, Inc.
Date
4/18/2023
Description

​The forum concluded that Respondent violated ORS 659A.030(1)(a), (b), {f); ORS 659A.199(1); OAR 839-005-0010; OAR 839-005-0030; OAR 839-010-0100; and OAR 839-005-0125 when it failed to take sufficient action to prevent unlawful harassment by Complainant's supervisor and terminated Complainant because of her sex and in retaliation for her complaints about unlawful harassment in the workplace. The forum concluded Complainant's supervisor took or caused tangible employment actions to be taken against Complainant, including her termination from employment, for which the Respondent was liable. OAR 839-005-0030(5). The forum awarded Complainant $60,000 in damages for mental and emotional distress and $204,575.11 for lost wages.​

Cite
39 BOLI _ (2023)
Case number
15-20
Hyperlink
Sunstone Organics, LLC
Date
2/10/2023
Description

​The Agency established by a preponderance of the evidence that the employer unlawfully discriminated against Complainant based on sexual orientation (gender identity) in violation of ORS 659A.030(1)(b) and OAR 839-005-0010(4)(a)(A)(B)(C),(b). The forum concluded that Respondent Sunstone Organics, LLC was liable for H. Holiday's harassment of Complainant as its proxy pursuant to ORS 659A.030(1)(b) and OAR 839-005-0010(4)(c) and as a supervisor pursuant to ORS 659A.030(1)(b) and OAR 839-005-0010(4)(d)(D). Respondent H. Holiday, a member of the Sunstone limited liability corporation, violated ORS 659A.030(1 )(g) by aiding and abetting Sunstone's violations. The forum concluded that Complainant was not discharged because of her sexual orientation (gender identity) or because she opposed an unlawful employment practice. The forum declined to award Complainant lost wages and out-of-pocket expenses but did award Complainant $125,000 in emotional, mental, and physical suffering damages and ordered Respondents to cease and desist discriminating against employees based on sexual orientation (gender identity).​

Cite
39 BOLI _ (2023)
Case number
32-22 37-22
Hyperlink
The Water Hole LLC
Date
2/2/2023
Description

​​​The forum concluded that Respondent unlawfully discriminated and retaliated against Complainant due to her opposition and complaints related to the Oregon Safe Employment Act (“OSEA”), in violation of ORS 654.062(5)(a),(b),(c) and OAR 839-004-0016(1)(a),(c),(e)  The forum also concluded that Respondent violated ORS 659A.199, ORS 659A.030(1)(f), and OAR 839-005-0125(1)(a)(A) when it reduced Complainant’s work schedule due to her protected whistleblower activities. The Forum also concluded that Respondent violated ORS 653.641(1), and OAR 839-007-0000 through 839-007-0120 when Respondent reduced Complainant's work schedule due to her use of sick time.  The forum awarded complainant $4,025 in lost wages and tips and $25,000 in emotional and mental suffering damages.  ​​​

Cite
39 BOLI _ (2023)
Case number
109-18 110-18
Hyperlink
Romantic River Gardens, LLC Final Order
Date
9/29/2022
Description

​Respondents Romantic River Gardens, LLC and Sandra Hester refused to book a wedding for two Complainants based on their sexual orientation, in violation of ORS 659A.403(1), (3).  However, the Agency did not sustain its burden to prove that Respondents also violated ORS 659A.409 by issuing a discriminatory “notice" or communication." In addition, Sandra Hester did not violate ORS 659A.406 by aiding and abetting the commission of the discriminatory acts. The Commissioner awarded each Complainant $20,000 and $10,000, respectively, in damages for emotional and mental suffering resulting from the denial of service.​

Cite
38 BOLI _ (2022)
Case number
32-21
Hyperlink
Moho Enterprises LLC Final Order
Date
9/26/2022
Description

​The forum concluded that the respondent made a distinction, discrimination or restriction in a place of public accommodation based on Complainant's race in violation of ORS 659A.403(1) and (3).  The forum awarded Complainant $20,000 in damages for mental and emotional suffering.  ​

Cite
38 BOLI _ (2022)
Case number
102-18 11-19
Hyperlink
Southwest Airlines Co. Amended Final Order
Date
7/14/2022
Description

​Respondent violated ORS 653.641(2) and (3) and OAR 839-007-0065 (2) and (3) by denying Complainant SWAG points based upon his use of protected sick leave on July 1, 2017. Civil penalties are not appropriate under ORS 653.256(1) and OAR 839-007-0100(1), (2), and (3), because it has not been shown that Respondent acted in willful violation of ORS 653.606(1).




Cite
38 BOLI _ (2022)
Case number
12-21
Hyperlink
Sunlan Lighting, Inc. Final Order
Date
7/14/2022
Description

​Respondent violated ORS 659A.142(4) when it refused to allow Complainant, an individual with a disability, to shop in its store in April 2019 while accompanied by her assistance animal.  The allergies of the Respondent’s owner to animal dander was not a valid reason to exclude Complainant from the Respondent’s retail store, a place of public accommodation, because the Complainant was accompanied by an assistance animal.  The forum awarded Complainant $8,000 in damages for physical, emotional, and mental suffering.​

Cite
38 BOLI _ (2022)
Case number
44-14 & 45-14
Hyperlink
Sweetcakes by Melissa Amended Final Order
Date
7/12/2022
Description

​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.  In this Amended Final Order, the Commissioner concludes 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; (3) A. Klein did not aid and abet M. Klein in violation of ORS 659A.406 and (4) neither A. nor M. Klein violated ORS 659A.409. The Commissioner held that, as partners, A. Klein and M. Klein are jointly and severally liable for all violations.  On remand, the Commissioner awards Complainants $20,000 and $10,000, respectively, in damages for emotional and mental suffering resulting from the denial of service.​

Cite
38 BOLI _ (2022)
Case number
50-21
Hyperlink
WDSA Inc., dba Gresham Schmizza Public House
Date
7/5/2022
Description

​The forum granted the Agency’s motion for summary judgment involving a respondent corporation that acquired a restaurant business from the employer of seven wage claimants,  determining that the respondent was a successor employer and liable for the claimants’ wages in the total amount of $5,227.28. ORS 652.310(1); ORS 652.140(2)(b) 652.332(1).​

Cite
38 BOLI _ (2022)
Case number
35-20
Hyperlink
SIS-Q Cellular, LLC
Date
7/5/2022
Description

​Where the Agency failed to establish by a preponderance of the evidence that Complainant had been discriminated against and terminated on the basis of opposition to an unlawful employment practice in violation of ORS 659A.030(1)(f), the Commissioner dismissed the complaint and Formal Charges.  OAR 839-005-0125(1)-(3) and OAR 839-005-0010(1)(d)(A) and (B). 

Cite
38 BOLI _ (2022)
Case number
84-20 & 01-21
Hyperlink
University of Oregon
Date
6/21/2022
Description

​Wage Claimants attended mandatory training at the Department of Public Safety Standards and Training police academy from October 13, 2013, through February 21, 2014.  Claimants were engaged in law enforcement activities during this training, as defined under OAR 839-020-0220 (3), (4), and are therefore exempted from overtime payment rates pursuant to ORS 653.269(3). Time spent at the police academy is compensable under OAR 839-020-0044.  Claimants are entitled to wages for time not reported in the amount of 63.25 hours, at a regular hourly rate of $22.60, for a total of $1,429.45 in unpaid wages for each Claimant.  ​

Cite
38 BOLI _ (2022)
Case number
115-20
Hyperlink
Next Step Carpet, LLC
Date
6/21/2022
Description

​The Agency established that Next Step Carpet, LLC (“Next Step"), engaged in unlawful employment practices in that it discriminated against and discharged Complainant Natasha Burgess (“Burgess") because of her sex (pregnancy) in violation of ORS 659A.030(1)(a), (b).  The forum awarded Burgess $3,780 in lost wages and $120,000 in emotional, mental, and physical suffering damages.  The forum also required Next Step managers and supervisors to undergo approved training on unlawful discrimination in the workplace.​

Cite
38 BOLI _ (2022)
Case number
75-19
Hyperlink
4R’s Associates LLC dba Arsenault Structural Moving Systems and Christopher D. Arsenault aka Chris Arsenault
Date
3/24/2022
Description

​​The Agency established that 4R’s Associates LLC dba Arsenault Structural Moving Systems (“4R’s”) acting through Christopher Arsenault aka Chris Arsenault, its President and Registered Agent, engaged in unlawful employment actions by discriminating against and/or discharging Matthew Long after he requested payment of wages owed to him and advised that he believed the failure to pay him was a violation of state law.  The forum awarded Long $34,920 in lost wages and $10,000 in emotional, mental, and physical suffering damages.  The forum also required Arsenault and 4R’s managers and supervisors to undergo approved training on unlawful harassment and discrimination in the workplace.  ​

Cite
38 BOLI _ (2022)
Case number
46-18 & 47-18
Hyperlink
Grand Management Services, Inc.
Date
9/9/2021
Description

​The forum concluded that Respondent unlawfully terminated two complainants due to their opposition and complaints related to the Oregon Safe Employment Act (“OSEA”), in violation of ORS 654.062(5)(a),(b),(c) and OAR 839-004-0016(1)(a),(c),(e).  The forum also concluded that Respondent violated ORS 659A.199, ORS 659A.030(1)(f) and OAR 839-005-0125(1)(a)(A) when it terminated the complainants.  The forum awarded one complainant $60,000.00 in emotional and mental suffering damages and out-of-pocket expenses of $699.93.  The forum awarded the second complainant $15,000.00 in emotional and mental suffering damages.  The forum declined to award lost wages to the complainants due to the lack of sufficient evidence that the complainants attempted to mitigate their damages.​

Cite
38 BOLI _ (2021)
Case number
90-20
Hyperlink
J. Gabriel Lopez aka Gabriel Lopez, and General Labor Services LLC
Date
8/19/2021
Description

​Respondents, an individual and a limited liability company, acted jointly as farm labor contractors without a license on 26 separate occasions in violation of ORS 658.410(1), OAR 839-015-0125, OAR 839-015-0135(1)(c) and (d), and (2). Respondents were assessed $50,500 in civil penalties for the violations. ORS 658.453(1), OAR 839-015-0508(1).​

Cite
38 BOLI _ (2021)
Case number
ATD-01
Hyperlink
PCC Structurals Deer Creek TATC
Date
5/14/2021
Description

​The Apprenticeship and Training Council decided by a majority vote of the members present that an apprenticeship and training committee was out of compliance with program standards when it failed to pay a registered apprentice at the wage to which he was entitled.  The Council ordered the committee to pay the apprentice 50% of the unpaid wages for a total of $15,425.98, plus interest, and placed the committee on probation for a period of two years.​

Cite
38 BOLI _ (2021)
Case number
06-20
Hyperlink
BG Construction, Inc
Date
4/13/2021
Description

​The wage claimant worked for Respondent ​from December 29, 2018 through January 3, 2019. He earned ​$902.34​ in wages and was paid nothing. The forum awarded claimant $902.34 in wages. Respondent's failure to pay claimant was willful and claimant was awarded a total of $4,320.00 in penalty wages.​

Cite
38 BOLI _ (2021)

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