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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.
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.
Two wage claimants worked for Respondent. They earned a total of $1,387 in wages for work performed from June 26 - July 8, 2019, and were paid nothing for their work on those dates. The forum awarded the wage claimants a total of $1,387 in unpaid wages. Respondent’s failure to pay claimants was willful and claimants were awarded a total of $7,440 in penalty wages.
The Agency established by a preponderance of the evidence that Respondent PCC Structurals, Inc. denied family medical leave to Complainant, counted family medical leave against Complainant in determining compliance with its attendance policy and terminated her employment in violation of ORS 659A.183(1),(2) and OAR 839-009-0320(3),(4). The forum awarded lost wages in the amount of $70,447.32, emotional distress damages of $20,000 and out-of-pocket expenses in the amount of $436. The forum also ordered Respondent to cease and desist from (1) denying family medical leave to eligible employees and (2) discriminating against any employee for invoking the Oregon Family Medical Leave Act.
In a case of first impression involving the City of Portland’s Removing Barriers to Employment ordinance, the forum concluded that Respondent violated Portland City Code (“PCC”) 23.10.030(A), (B) and administrative rule RBE 2.02(1) – (3) when it asked Complainant a question about his criminal history and excluded him from the hiring process after he disclosed a conviction. The forum awarded Complainant lost wages in the amount of $7,960 and $15,000 for mental and emotional suffering damages.
The Amended Formal Charges alleged that Respondents terminated Complainant because he made a report of a violation of state law (a wage claim), in violation of ORS 659A.199(1), OAR 839-010-0100(1), ORS 652.355(1)(a),(2), OAR 839-010-0100(4)(a), and ORS 659A.030(1)(g). When the evidence presented at hearing included other credible reasons for terminating Complainant’s employment, the forum concluded that the Agency failed to prove the alleged violations by a preponderance of the evidence and dismissed all charges against Respondents.
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