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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.
Select a case to reveal more information.
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.
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.
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).
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.
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.
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).
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).
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.
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.
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.
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.
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).
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.
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.
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