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Advisory Letters

Receiving a notice from a regulatory agency like BOLI can be alarming.

This information summarizes your responsibilities and the resources available to you in the event you or your organization receive an advisory letter, also referred to as a warning letter.

What is an advisory letter?

An advisory letter provides official notice that BOLI has received information or a complaint alleging a failure to comply with requirements enforced by the agency.

Typically, the letter will provide a brief description of an employment law or other requirement. In addition, it will say that the agency has received information indicating you or your organization may not have complied with this requirement.

An advisory letter is not a charging document or determination that a violation has occurred. 

Why am I receiving this?

BOLI's Wage and Hour Division or Civil Rights Division may issue an advisory letter in response to information suggesting potential violations.

In addition, individuals who submit a complaint to the agency can direct BOLI to respond to their concerns by sending an advisory (warning) letter only. 

What happens next?

While an advisory letter is not a charging document or notice of an investigation, it does mean that BOLI has received information of an allegation that (if correct) may indicate violations of the laws enforced by our agency.

A series of complaints or allegations of violations impacting several workers may prompt the agency to open an investigation.

How do I respond?

Be sure that what you have is a warning letter an  d not a charging document — look for language specifically stating that you do not need to respond to the agency. 

While you do not need to respond, advisory letters are an opportunity to:

  • Ensure that you understand the requirements that apply to you or your organization and 
  • Make any necessary changes. 

Your proactive response can help ensure that BOLI does not need to open an investigation or take enforcement action and can help prevent unnecessary liability for violations. 

Addressing areas of concern also sends a powerful signal to your staff about your commitment to ensuring everyone enjoys a healthy and productive workplace.

Understand the rules 

BOLI enforces dozens of wage and hour, civil rights, and leave laws. Knowing which of these laws apply and what they require can be complex. Know that you can reach out to Employer Assistance for help. 

While Employer Assistance staff do not provide legal advice for specific situations, we can provide information on applicable statutes and rules as well as HR best practices to help you make informed business decisions. Employer Assistance maintains a firewall between BOLI’s enforcement divisions, so you never have to choose between triggering an investigation and getting the information you need.

Among the top reasons for advisory letters are concerns regarding:

Feel free to reach out directly at 971-361-8400 or employer.assistance@boli.oregon.gov.

I want a copy of the complaint

While exceptions apply, complaints submitted to BOLI are public records and you are welcome to request a copy of those records . Access our online portal for records requests from here: https://www.oregon.gov/boli/about/pages/public-records-request.aspx 

IMPORTANT NOTE: Keep in mind that employees have a right to raise good-faith concerns and complaints. Retaliating against an employee for submitting a complaint with BOLI can create a separate violation. It can also demotivate dedicated employees from helping you to head off potential problems in the workplace. 

I want to set the record straight – what are my options?

While you do not need to respond to an advisory letter, if you choose to do so, please direct your response to the enforcement staff person who generated the letter — identified in the header or footer of the letter. They will ensure the response is read and added to the agency’s complaint file.

(Please do NOT forward a response to specific allegations to Employer Assistance or the Public Records Division.)

Disclaimer: This website is not intended as legal advice. Any responses to specific questions are based on the facts as we understand them and the law that was current when the responses were written. They are not intended to apply to any other situations. This communication is not an agency order. If you need legal advice, please consult an attorney.​