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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
37-16
Hyperlink
Frehoo, Inc. dba Stars Cabaret & Steak House (Amended)
Date
1/25/2024
Description

​The Agency established by a preponderance of the evidence that 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 and Todd Mitchell aided and abetted the unlawful sexual harassment.  ORS 659A.030(1)(g).  Respondents Pamela Colburn, Lisa Heinzman-Myers, Randy Kaiser, and Jeff Struhar 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, and Mitchell 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
39 BOLI _ (2024)
Case number
02-20
Hyperlink
The Royal Clothiers
Date
12/8/2023
Description

​The forum concluded that Respondents violated ORS 659A.030(1)(f), ORS 659A.199(1), and OAR 839-005-0125(1)-(3) and OAR 839-010-0100(1) when they terminated the Complainant because of her protected whistleblower activities.  The forum awarded Complainant $3,490 in lost wages and $10,000 in emotional and mental suffering damages.​

Cite
39 BOLI _ (2023)
Case number
17-21
Hyperlink
Henkels & McCoy, Inc.
Date
10/12/2023
Description

​The Formal Charges alleged that Respondent discriminated against and terminated Complainant because he made reports of a violation of state or federal law, rule or regulation, in violation of ORS 659A.199(1) and OAR 839-010-0100(1).  The forum concluded that the Agency failed to prove the alleged violations by a preponderance of the evidence and dismissed all charges.​

Cite
39 BOLI _ (2023)
Case number
57-22
Hyperlink
Your House
Date
6/20/2023
Description

​The forum concluded that Respondent violated ORS 659A.030(1)(f) and OAR 839-006-0125(1), (2), and (3) by retaliating against Complainant for opposing an unlawful  practice.  The forum further concluded that Respondent violated ORS 659A.199(1) and OAR 839-010-0100(1) by retaliating against Complainant because she had in good faith reported information she believed was evidence of a violation of a state or federal law, rule, or regulation. The forum awarded Complainant $14,400 in lost wages and $60,000 in damage for mental and emotional distress.   ​

Cite
39 BOLI _ (2023)
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 2 (2023)

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Historical BOLI orders


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