| In the Matter of Petworks LLC. (May 29, 2008) Case No. 44-07. Claimant worked 161 hours as an employee of Respondent between November 21 and December 19, 2005, including eight hours of overtime. Claimant was entitled to be paid the minimum wage of $7.25 per hour, plus overtime wages at one and one-half times the regular rate of pay, and was not paid any wages. Respondent was ordered to pay Claimant $1,167.25 in unpaid, due and owing wages. Respondent's failure to pay the wages was willful, and Respondent was ordered to pay $1,740.00 in penalty wages. Based on Respondent's failure to pay the minimum wage or overtime wages to Claimant, Respondent was ordered to pay a civil penalty of $1,740.00. (available as PDF file only) |
| In the Matter of Northwestern Title Loans LLC, dba Northwest Title Loans (March 28, 2008) Case No. 84-05. The Agency alleged that Respondent discharged Complainant because she reported activity or activities by Respondent that she reasonably believed to be criminal and because she initiated a civil proceeding against Respondent by filing a complaint with the Department of Consumer and Business Affairs (“DCBS”). The forum dismissed the charges based on findings that Respondent’s behavior was not criminal and Complainant did not believe Respondent’s activity was criminal and because Respondent did not know or believe that Complainant had contacted DCBS at the time Respondent discharged Complainant. (available as PDF file only) |
| In the Matter of Creative Carpenters Corporation (October 5, 2007) Case No. 18-06. Respondent employed Claimant to perform construction work at an agreed rate of $20 per hour. Thereafter, Claimant worked 63.5 hours and earned $1,270. Respondent paid Claimant only $800. The Commissioner determined that Respondent was liable for $470 in unpaid, due and owing wages. The Commissioner also determined that Respondent's failure to pay wages was willful and ordered Respondent to pay $4,800 in penalty wages. The Commissioner found that Respondent did not owe Claimant overtime wages as alleged and therefore was not liable for civil penalties under ORS 653.055. |
In the Matter of Pacific Yew Products, LLC and John Steensland (August 3, 2007) Case No. 46-05. The Agency's Order of Determination alleged that Respondents owed unpaid, due and owing wages to 14 wage claimants. The Commissioner held that Respondent Steensland employed 12 of the wage claimants and dismissed all claims against Respondent Pacific Yew Products, LLC, on the grounds that the Agency did not establish that it employed any of the claimants. The Commissioner awarded unpaid wages and penalty wages to nine claimants and found that three claimants were employed by Respondent Steensland, but there was no reliable evidence to establish the amount and extent of their work and the amount of wages they were owed, if any. The Commissioner held that there was no reliable evidence to establish that the two remaining claimants were employed by Respondent Steensland. In total, the Commissioner awarded $4,217.30 in unpaid wages and $14,904 in penalty wages. (available as PDF file only)
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| In the Matter of Pavel Bulubenchi dba Benchi Homes (July 26, 2007) Case No. 67-06. Respondent failed to pay three wage claimants all wages due when they quit their employment, in violation of ORS 652.140(2). The Commissioner ordered Respondent to pay the full amount of unpaid wages due and, because his failure to pay was willful, the Commissioner also ordered him to pay penalty wages, pursuant to ORS 652.150. Additionally, based on Respondent's failure to pay overtime wages for the hours the wage claimants worked in excess of 40 per week, the Commissioner ordered Respondent to pay them civil penalties, pursuant to ORS 653.261. |
| In the Matter of Joseph Francis Sanchez dba XX Concrete Foundations Now (July 9, 2007) Case No. 30-07. Respondent employed Claimant to perform construction work at the agreed rate of $18 per hour and failed to pay him wages for all of the hours he worked, including overtime hours. Respondent's failure to pay was willful and the Commissioner ordered Respondent to pay the full amount of unpaid wages totaling $2,119.50, penalty wages totaling $4,320, and civil penalties totaling $4,320 for Respondent's failure to pay overtime compensation. |
| In the Matter of Kurt E. Freitag, Kurt E. Freitag dba Big Fish Partners I, and Meritage Homeowners' Association fka Meritage at Little Creek Homeowners' Association, Inc. (July 9, 2007) Case Nos. 77-06 & 65-05. Respondents are joint employers who employed Claimant, a 16 year old, as a laborer on a construction site and willfully failed to pay him wages for the work he performed in June 2005. Respondents were found jointly and severally liable for the unpaid wages and penalty wages and ordered to pay $252 in wages plus $1,920 in penalty wages. Additionally, Respondents violated Oregon child labor laws by employing minors in 2004 and 2005 without first obtaining annual employment certificates; by employing minors without first verifying their ages; by employing at least one minor in a hazardous occupation; by employing at least one other minor minor to perform work particularly hazardous for minors 16 and 17 years old; and by failing to post a validated employment certificate in 2004 and 2005. Respondents were found jointly and severally liable for the child labor violations and ordered to pay $9,000 in civil penalties. |
| In the Matter of Mountain Forestry, Inc. (May 11, 2007) Case No. 30-05. Respondents, an individual and a corporation, while acting jointly as a farm/forest labor contractor, failed to comply with the terms and conditions of lawful agreements with the Oregon Department of Forestry and the Bureau of Labor and Industries, in violation of ORS 658.550(1)(d). Respondents also employed minors without first obtaining an annual employment certificate and employed minors under 16 years old to fight wildfires. The Commissioner ordered Respondents to pay $51,500 in civil penalties for 93 farm labor violations and $5,000 for 5 child labor violations. Based on Respondent's multiple violations, the Commissioner determined that Respondents lacked the character, competence, reliability to act as a farm/forest labor contractor and denied them a license pursuant to ORS 658.445. |
| In the Matter of WinCo Foods, Inc. (May 2, 2007) Case No. 53-04. The Commissioner found that Respondent did not constructively deny Complainant OFLA leave by requiring subsequent medical verification of her intermittent OFLA leave when the frequency of her absences significantly increased from the number anticipated in her previous medical verification. The Commissioner determined that Respondent's request for additional medical information fell under an exception to the rule limiting requests for subsequent medical verification to no more often than every 30 days. The Commissioner also determined that Respondent terminated Complainant for violating company policies pertaining to use of paid sick leave benefits and dishonesty and not in retaliation for Complainant's use of OFLA leave. |
| In the Matter of Arjae Sheet Metal Company, Inc. (March 30, 2007) Case No. 94-06. Respondent failed to complete and return BOLI's 2005 prevailing wage survey by the date specified by the Commissioner. After considering aggravating and mitigating circumstances, the forum imposed a $1,000 civil penalty for Respondent's violation of ORS 279C.815(3). |
| In the Matter of Gordy's Truck Stop, LLC (February 28, 2007) Case No. 03-05. The Commissioner found that Respondent's proxy, Gordon Wanek, subjected Complainant to offensive and unwelcome sexual conduct that created a hostile and intimidating work environment, in violation of ORS 659A.030(1)(b). The Commissioner also found that Wanek intentionally created intolerable working conditions because of Complainant's sex and that her subsequent resignation was a constructive discharge, in violation of ORS 659A.030(1)(a). The Commissioner concluded that Respondent is liable for Wanek's unlawful conduct and awarded Complainant $20,000 in mental suffering damages and $10,200 in lost wages as a result of the constructive discharge. |
| In the Matter of Trees, Inc. (February 28, 2007) Case No. 56-04. The Commissioner found that Respondent demoted Complainant because he reported and opposed a workplace safety hazard, in violation of ORS 654.062(5). Accordingly, the Commissioner awarded Complainant $3,007.08 in lost wages and $30,000 in mental suffering damages as a result of Respondent's unlawful practice. |
| In the Matter of Basilio Piatkoff, Natalia Piatkoff, and Northwest Resources, Inc. (February 9, 2007) Case No. 20-06. The Commissioner found that Respondents N. Piatkoff and Northwest failed to provide three workers with written statements of their rights and remedies or to execute written agreements with them, committing three violations each of ORS 658.440(1)(f) and ORS 658.440(1)(g); that Respondents N. Piatkoff and Northwest violated ORS 658.440(1)(d) by subcontracting a tree planting contract to B. Piatkoff in which subcontracting was a violation of an express provision of that contract; that Respondents N. Piatkoff and Northwest acted as a farm labor contractor without a license, in violation of ORS 658.410; that Respondents violated ORS 658.440(3)(b) by falsely misrepresenting to persons the conditions of a contract; and that N. Piatkoff and B. Piatkoff engaged in a course of misconduct, as defined in OAR 839-015-0520(m) with persons with whom they conducted business. The Commissioner assessed $2,000 each for the six violations of ORS 658.440(1)(f) & (g); $4,000 for two violations of ORS 658.440(3)(b); and $1,000 for the violation of ORS 658.440(1)(d), for a total of $17,000. The Commissioner further found that the evidence did not support the Agency’s allegations that Respondents violated OAR 839-015-0520(3)(o) by failing to promptly satisfy levied judgments; that Respondents engaged in a sham or subterfuge in their license application as defined in OAR 839-015-0142; or that B. Piatkoff had an ownership interest in Northwest. The Commissioner found that Respondents lacked the requisite character, competence and reliability to be farm labor contractors and denied their license application. (available as PDF file only) |
In the Matter of MAM Properties, LLC (February 9, 2007) Case Nos. 27-06 & 28-06. Respondent employed one wage claimant from November 8, 2004 through April 3, 2005, at two agreed wage rates for two different shifts, one of which was lower than the minimum wage. Respondent was ordered to pay claimant $6,761.11 in unpaid, due, and owing wages. Respondent’s failure to pay the wages was willful, and Respondent was ordered to pay claimant $1,742 in penalty wages. Respondent was ordered to pay claimant another $1,742 as a civil penalty because Respondent’s failure to pay the wages included a failure to pay the minimum wage and overtime wages. Respondent was also ordered to pay civil penalties in the amount of $34,000 as a result of its single violation of ORS 653.045(2), its 11 violations of OAR 839-020-0012, its 11 violations of ORS 653.025 and OAR 839-020-0010, and its 11 violations of ORS 653.261 and OAR 839-020-0030. (available as PDF file only)
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In the Matter of Labor Ready Northwest, Inc. (January 17, 2007) Case No. 49-05. Respondent was a subcontractor that provided workers to perform manual labor for another contractor on a public works project. Respondent paid three workers less than the applicable prevailing wage rates throughout their employment, committing three violations of former ORS 279.350(1). Respondent also failed to post the prevailing wage rate on the project in violation of former ORS 279.350(4). Respondent intentionally failed to pay the prevailing rates of wage and intentionally failed to post the prevailing wage rates on the project. The Commissioner assessed $20,000 in civil penalties based on Respondent's three violations of former ORS 279.350(1) and single violation of former ORS 279.350(4). The Commissioner also placed Respondent on the list of contractors or subcontractors ineligible to receive any contract or subcontract for public works for three years. (available as PDF file only) |
| In the Matter of Labor Ready Northwest, Inc. (January 4, 2007) Case No. 77-04. Respondent was a subcontractor that provided workers to perform manual labor for another contractor on a public works project. Respondent initially paid 15 workers less than the applicable prevailing wage rate, committing four violations of former ORS 279.350(1). Respondent also failed to post the prevailing wage rate on the project in violation of former ORS 279.350(4), and the Commissioner placed Respondent on the list of contractors or subcontractors ineligible to receive any contract or subcontract for public works for three years. The Commissioner also assessed $25,000 in civil penalties based on Respondent's four violations of former ORS 279.350(1) and single violation of former ORS 279.350(4). (available as PDF file only) |
| In the Matter of Tallon Kustom Equip., Inc. (October 20, 2006) Case No. 11-05. Respondent failed to pay one wage claimant all wages earned and unpaid, including overtime wages, when the wage claimant voluntarily quit his employment. The forum ordered Respondent to pay the wages owed, penalty wages, civil penalties, and interest on the wages owed and penalty amounts. The forum dismissed a second wage claimant's claim for unpaid wages for lack of credible evidence establishing a prima facie case. |
| In the Matter of Jorge Lopez (September 26, 2006) Case No. 73-06. The Commissioner concluded that Respondent was not liable for unpaid wages owed three wage claimants based on evidence that showed one wage claimant was employed by a restaurant owned by Respondent's corporation, active at the time of the wage claim, and two wage claimants were employed by a restaurant owned by someone other than Respondent. |
| In the Matter of Sue Dana (September 26, 2006) Case No. 42-06. Respondent employed wage claimant and failed to pay all of her earned and due wages when she voluntarily quit her employment. The Commissioner concluded that Respondent's failure to pay the wages owed was willful and ordered Respondent to pay the wages owed plus penalty wages. Additionally, the Commissioner ordered Respondent to pay a civil penalty based on Respondent's failure to pay the wage claimant at least the minimum wage for the hours she worked. |
| In the Matter of Wildfang, Inc. (August 25, 2006) Case No.109-06. Prevailing Wage Rate Survey case. Resondent failed to complete and return BOLI's 2005 prevailing wage rate survey by the date the Commissioner had specified. After considering any aggravating and mitigating circumstances, the Commissioner imposed a $1,000 civil penalty for Respondent's violation of ORS 279C.815(3). |
| In the Matter of Troy Wingate (July 18, 2006) Case No. 69-06. Prevailing Wage Rate Survey case. Respondent, a residential painting contractor, failed to complete and return BOLI's 2005 prevailing wage rate survey by the date BOLI had specified. The Commissioner found that aggravating circumstances outweighed the mitigating evidence presented by the Respondent, and that $750 was an appropriate civil penalty for Respondent's single violation of ORS 279C.815(3). (available as PDF file only) |
| In the Matter of Emerald Steel Fabricators, Inc. (July 13, 2006) Case No. 30-04 (Final Order on Reconsideration). Medical marijuana/disability case. Complainant had mental and physical impairments of nausea, vomiting, and chronic stomach cramps that substantially limited his major life activity of eating. He used medical marijuana to reduce the symptoms of these debilitating medical conditions, but his impairments were not mitigated by his use of medical marijuana or other prescription medications and the forum concluded he was a disabled person. Complainant requested reasonable accommodation for his limitations. Respondent failed to reasonably accommodate Complainant by not engaging in a meaningful interactive process with him to determine if his limitations could be reasonably accommodated and by not providing him with reasonable accommodation that was available in violation of ORS 659A.112(2)(e). Respondent also denied an employment opportunity to Complainant based on based on Respondent’s need to make reasonable accommodation to Complainant’s physical and mental impairments in violation of ORS 659A.112(2)(f). Respondent did not discharge Complainant because he was a disabled person in violation of ORS 659A.112(1). Respondent did not utilize standards, criteria or methods of administration that have the effect of discrimination on the basis of disability in violation of ORS 659A.112(2)(c). Respondent did not use qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person or a class of disabled persons in violation of ORS 659A.112(2)(g). Complainant was awarded $8,013.50 in back pay and $20,000 in damages for emotional distress. (available as .PDF file only) |
In the Matter of Carl Odoms dba Island City Auto Body (June 12, 2006) Case No. 12-06. The Agency paid out $5,579.13 in unpaid wages to four wage claimants in a Wage Security Fund payout and sought reimbursement of that amount from Respondent, plus a $1,394.78 penalty and $8,400 in penalty wages. The forum ordered Respondent to repay $5,399.13 to the Wage Security Fund, a twenty five percent penalty of $1,349.78, and $8,400 in penalty wages.
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In the Matter of Gary Rivers, Charles Casteel, and Captain Hooks Salvage & Auto Wrecking, LLP (March 31, 2006), Case No. 43-05. Respondents employed Claimant to work 135 hours between October 13 and November 1, 2003, at the agreed rate of $15 per hour. Claimant worked 120 straight time and 15 overtime hours, earning $2,137.50, and was paid nothing. Respondents were ordered to pay Claimant $2,137.50 in unpaid wages. Respondents' failure to pay the wages was willful and Respondents were ordered to pay $3,600 in penalty wages. Respondents were also ordered to pay a $3,600 civil penalty based on their failure to pay overtime wages to Claimant. (available as PDF file only)
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| In the Matter of Bukovina Express, Inc. and Bukovina Express LLC (March 20, 2006), Case Nos. 17-05 & 21-05. Respondent Bukovina Express, Inc. employed wage claimant and failed to pay him earned and due wages when he voluntarily quit his employment. After Bukovina Express, Inc. voluntarily dissolved and ceased doing business, the wage claimant was paid from the Wage Security Fund. The Commissioner concluded that Bukovina Express, Inc. and its successor-in-interest, Respondent Bukovina Express LLC, were jointly and severally liable for the unpaid wages and the Commissioner ordered both to reimburse the Wage Security Fund and pay a $200 penalty. The Commissioner also ordered Bukovina Express, Inc. to pay the wage claimant penalty wages for its willful failure to pay wages when due and a civil penalty for its failure to make and maintain payroll records. |
| In the Matter of Okechi Village & Health Center, Inc.(Amended) (February 23, 2006), Case Nos. 19-05 & 54-05. Final Order amended to correct math error in Order. |
In the Matter of Okechi Village & Health Center, Inc. (February 14, 2006), Case Nos. 19-05 & 54-05. Respondent employed two wage claimants and willfully failed to pay them all of their earned, due and owing overtime wages. The forum ordered Respondent to pay the wages owed plus penalty wages and interest. The forum also ordered Respondent to pay $2,000 as civil penalties for recordkeeping violations.
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In the Matter of Troy Melquist (February 14, 2006), Case No. 68-05. Respondent failed to pay four wage claimants all wages earned and unpaid at the time they quit their employment with Respondent. The forum ordered Respondent to pay the wages owed plus penalty wages and interest on those amounts. (available as PDF file only)
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In the Matter of Magno-Humphries, Inc. (December 1, 2005)
(Final Order on Reconsideration), Case No. 38-02. Default civil rights case where the commissioner found the agency established a prima facie case and concluded that respondent denied complainant OFLA leave by terminating her while she was absent from work due to an OFLA qualified health condition. The commissioner awarded complainant $22,400 in lost wages; $18,000 for mental suffering; and $2,585.31 in lost benefits. (available as .PDF file only)
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| In the Matter of Labor Ready Northwest, Inc. (November 28, 2005). (Amended Final Order on Reconsideration). Case Nos. 122-01 & 149-01. Prevailing Wage Rate case. Respondent paid less than the applicable prevailing wage rate to six workers on two public works projects, committing six violations of ORS 279.350(1). Respondent failed to post the prevailing wage rate on the same two projects, in violation of ORS 279.350(4). On the same two projects and a third public works project, Respondent filed payroll reports that either lacked certified statements, misclassified workers, misstated hours worked, or were untimely, committing eight violations of ORS 279.354 and OAR 839-016-0010. Respondent also failed to timely provide documents requested by the Wage and Hour Division that were necessary to determine if the prevailing wage rate was paid on one of the projects, committing one violation of ORS 279.355 and OAR 839-016-0030. The Commissioner concluded that Respondent intentionally failed to pay the prevailing rate of wage to one worker and intentionally failed to post the prevailing wage rates as on one of the projects. The forum ordered Respondent to pay $58,500 in civil penalties and placed Respondent on the list of contractors or subcontractors ineligible to receive any contract or subcontract for public works for one year. (available as .PDF file only) |
| In the Matter of Harkcom Pacific, Inc. (November 22, 2005). Case No.87-03. Prevailing Wage Rate case. Respondent, through its corporate president, intentionally failed to pay the prevailing wage rate to seven workers on a public works project. Respondent also filed 20 inaccurate certified payroll reports containing a false certification. The forum ordered Respondent to pay $34,000 in civil penalties and placed Respondent and its corporate president on the list of contractors ineligible to receive any contract or subcontract for public works for three years. (available as .PDF file only) |
| In the Matter of Lisa Sanchez dba Morgans at the Mountain. (October 11, 2005). Case No. 50-04. Wage Security Fund Recovery case. The A gency paid out $253.33 in unpaid wages to a wage claimant in a Wage Security Fund payout and sought reimbursement of that amount from Respondent, plus a $200 penalty. The forum ordered Respondent to repay the amounts sought to the Wage Security Fund. (available as .PDF file only) |
In the Matter of Design N Mind, Inc. and John M. Frost, Jr. (September 16, 2005). Case No. 09-04. Prevailing Wage Rate case. Respondents failed to pay four employees the correct prevailing wage rate for the work they performed on a public work and the prime contractor paid the difference on Respondents' behalf. The forum imposed civil penalties totaling $22,000 for Respondent DNM’s failure to pay the correct prevailing wage, for having filed six inaccurate payroll records, and for DNM's failure to provide the Agency with requested payroll documents. After concluding that John M. Frost, Jr. was responsible for DNM's failure to pay the correct prevailing wage, the forum placed DNM and Frost on the commissioner's list of those ineligible to receive public work contracts. (available as .PDF file only)
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| In the Matter of Emerald Steel Fabricators, Inc. (September 16, 2005). Case No. 30-05. Medical marijuana/disability case. Complainant, a disabled person, used medical marijuana to reduce the symptoms of debilitating medical conditions caused by Complainant’s mental and physical impairments. Complainant requested reasonable accommodation for these limitations. Respondent failed to reasonably accommodate Complainant by not engaging in a meaningful interactive process with him to determine if his limitations could be reasonably accommodated and by not providing him with reasonable accommodation that was available in violation of ORS 659A.112(2)(e). Respondent also denied an employment opportunity to Complainant based on based on Respondent’s need to make reasonable accommodation to Complainant’s physical and mental impairments in violation of ORS 659A.112(2)(f). Respondent did not discharge Complainant because he was a disabled person in violation of ORS 659A.112(1). Respondent did not utilize standards, criteria or methods of administration that have the effect of discrimination on the basis of disability in violation of ORS 659A.112(2)(c). Respondent did not use qualification standards, employment tests or other selection criteria that screen out or tend to screen out a disabled person or a class of disabled persons in violation of ORS 659A.112(2)(g). Complainant was awarded $8,013.50 in back pay and $20,000 in damages for emotional distress. (available as .PDF file only) |
| In the Matter of Storm King Construction, Inc. (September 16, 2005). Case No. 99-05. PWR/wage survey case. Respondent failed to complete and return BOLI’s 2001 and 2002 prevailing wage rate survey and returned BOLI’s 2004 prevailing wage rate survey six months after the filing deadline. The Agency proved aggravating circumstances and there were no mitigating circumstances. The Commissioner imposed a $250 civil penalty for each of Respondent’s 2001 and 2002 violations and a $500 civil penalty for Respondent’s 2004 violation. (available as .PDF file only) |
In the Matter of Emmert Industrial Corp. (August 30, 2005). Case No. 78-05. Wage survey case. Respondent failed to complete and return BOLI's 2004 prevailing wage rate survey by the date the Commissioner specified. The forum imposed a $500 civil penalty for Respondent's violation of ORS 279.359(2). (available as .PDF file only)
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In the Matter of Logan International Ltd. (June 17, 2005), Case Nos. 78-03 and 79-03; a Civil Rights OSHA/whistleblower case. The Agency alleged that Complainant was discharged for reporting and opposing drug use in Respondent's workplace, and that Respondent violated Oregon's whistleblower and OSHA anti-retaliation laws by discharging Complainant. The forum found that Complainant reported drug use in Respondent's workplace, but dismissed the Formal Charges because Complainant's report had no basis in fact in that the conditions he opposed did not exist and because the Agency did not establish that the person who made the decision to discharge Complainant knew that Complainant had reported and opposed drug use. (available as .PDF file only)
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In the Matter of Gordy's Truck Stop, LLC. (June 7, 2005), Case No. 92-03; a Civil Rights OFLA case. Complainant took family leave to spend as much time as possible with her dying father. While on family leave, her supervisor repeatedly visited and called her and pressured her to return to work. Finally, her supervisor threatened to fire her if she did not return to work, forcing Complainant to interrupt her family leave entitlement and return to work for one day shortly before her father's death. The forum found that Respondent, acting through its supervisor, constructively denied family leave to Complainant from the first time her supervisor pressured her to return to work and actually denied her family leave by forcing her to return to work for one day during her period of family leave entitlement, in violation of ORS 659A.183. The forum also found that Respondent's act of forcing Complainant to return to work for one day before her entitlement to family leave had expired also constituted retaliation in violation of ORS 659A.183 and former OAR 839-009-0320(2). The forum awarded Complainant $30,000 in damages for emotional distress and mental suffering. (available as .PDF file only)
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In the Matter of JAMIE SUE SZIISZ dba Jamie Sziisz Salon Studio & Spa. (May 17, 2005), Case No. 41-05; 2 wage claims/wage security fund case. Respondent owed $452.44 in unpaid wages to two wage claimants when it ceased doing business. BOLI determined that the wage claimants were entitled to receive payment from the Wage Security Fund and paid the claimants in full. The commissioner found Respondent liable to reimburse the Wage Security Fund for the $452.44 in wages paid out, plus a 25 percent penalty of $113.11. (available as .PDF file only)
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In the Matter of MERMAC, INC. (April 28, 2005), Case No. 26-05.
Where Respondent corporation acquired a restaurant business from its president's friend, Ali Aazad, who had employed Claimant and would not or could not pay wages earned and owed to Claimant, and where Respondent continued the same business with the same employees, including Claimant, without any interruption or change of operations, the forum determined that Respondent was liable for Claimant's wages in the amount of $1,728.67 as a successor employer.
(available as .PDF file only)
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In the Matter of Gary Lee Lucas dba Gary Lucas Construction and dba Gary Lucas Construction, Inc. (March 31, 2005), Case Nos. 100-03 and 101-03.
Respondent Gary Lee Lucas employed two Claimants as framers at the agreed rate of $15 per hour and did not pay them all their earned, due and owing straight time or overtime wages. Respondent was ordered to pay $6,194.65 and $4,557.84, respectively, to the Claimants. Respondent’s failure to pay the wages was willful and the forum awarded $3,600 in penalty wages to each Claimant. Respondent was also assessed $2,000 in civil penalties for two violations of ORS 653.261. The Agency also alleged that Respondent committed 24 recordkeeping violations and failed to provide itemized statements of deductions of 12 occasions, but did not prove those allegations by a preponderance of the evidence.
(available as .PDF file only)
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In the Matter of CC Slaughters, LTD (March 9, 2005), Case No. 19-04.
Respondent, a nightclub that offered food, beverages, and music to the public, evicted Complainant from its premises on June 12 and June 14, 2004, because he had Parkinson’s Disease, a disability. Complainant experienced substantial emotional distress as a result of Respondent’s unlawful conduct and the commissioner awarded Complainant $25,000 in damages for emotional distress.
(available as .PDF file only)
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| In the Matter of Rogue Valley Fire Protection, LLC (January 24, 2005), Case No. 33-04. The Agency alleged that Respondent discharged Complainant because he opposed safety hazards in Respondent´s workplace. The Commissioner found that Complainant´s opposition to Respondent´s ladder safety policy was a substantial factor in Respondent´s decision to discharge him and awarded $10,749.60 in lost wages and $5,000 in emotional distress damages. (available as .PDF file only) |
| In the Matter of Stimson Lumber Company (January 19, 2005), Case No. 75-03. The Commissioner dismissed the agency´s formal charges because complainant´s complaint was not timely filed in accordance with ORS 654.062(5), which requires that an employee alleging discrimination based on opposition to health or safety hazards in the workplace file a complaint with BOLI within 30 days after the employee has reasonable cause to believe the violation occurred.(available as .PDF file only) |
| In the Matter of Sean E. A. Reid and The Orion Driftboat and Watercraft Company LLC. (January 12, 2005), Case No. 44-04. Respondent Orion Driftboat and Watercraft Company employed Claimant from May 1-21, 2003, at the agreed wage of $9 per hour and did not pay him any wages. Claimant worked 90 hours and earned $810. Respondent Orion was ordered to pay Claimant $810 in unpaid, due, and owing wages. Respondent Orion´s failure to pay the wages was willful and Respondent Orion was ordered to pay $2160 in penalty wages. Respondent Reid was not Claimant´s employer and was not liable for the unpaid or penalty wages.(available as .PDF file only) |
| In the Matter of Cleopatra´s, Inc. (January 13, 2005), Case No. 31-04. Respondent was found liable for discharging complainant because she in good faith reported criminal activity. Respondent was ordered to pay $2,400 in lost wages and $25,000 for emotional distress caused by respondent´s unlawful employment practices.(available as .PDF file only) |
| In the Matter of Kilmore Enterprises, Inc. (December 14, 2004), Case No. 58-04. Respondent was ordered to reimburse the Wage Security Fund $1,742, plus a 25% penalty, for wages paid by the Fund to a single wage claimant after respondent ceased doing business. Respondent was also ordered to pay the wage claimant $2,880 in penalty wages for respondent´s willful failure to pay the wages when due. (available as .PDF file only) |
| In the Matter of John M. Sanford, Inc. (September 14, 2004), Case No. 04-04. A single wage claimant was awarded unpaid wages of $1,083 and penalty wages of $4,560. (available as .PDF file only) |
| In the Matter of Robb Wochnick dba Sports Warehouse. (August 31, 2004), Case No. 79-02. Where Respondent, a sole proprietor, employed Complainant, a female, subjected her to unwelcome conduct of a sexual nature, ignored her complaints about the conduct, including that of non-employees, and refused to take appropriate corrective action, the commissioner found Respondent liable for Complainant’s resulting mental suffering and awarded her damages totaling $40,000. The commissioner further found Respondent liable for retaliation and constructive discharge as a result of his unlawful employment practices and awarded Complainant $1,200 in lost wages. (available as .PDF file only) |
| In the Matter of Labor Ready Northwest, Inc. (August 19, 2004), Case Nos. 122-01 & 149-01. Final Order on reconsideration. Prevailing wage rate case. Debarment of one year and $58,500 in civil penalties. (available as .PDF file only) |
| In the Matter of Southern Oregon Subway, Inc. (June 10, 2004), Case Nos. 21-03 & 22-03. Civil rights case where the commissioner found that Respondent reduced Complainant’s work hours by half, reduced her pay from a salary to an hourly rate, and hired another manager to replace her after she was absent from work due to a health condition covered under the Oregon Family Leave Act (“OFLA”) and concluded that Respondent failed to restore Complainant to her former management position, in violation of former ORS 659.484. The commissioner further found that Respondent demoted and ultimately terminated Complainant after she returned from OFLA leave because she invoked her right to be restored to the position she held when she began her OFLA leave, in violation of former and current OAR 839-009-0270. The commissioner ordered Respondent to pay Complainant $28,590.29 in back wages and $25,000 for mental suffering incurred as a result of Respondent’s unlawful practices. (available as .PDF file only) |
| In the Matter of Larsen Golf Construction, Inc. (May 24, 2004), Case No. 36-03. Respondent employed two wage claimants at an agreed wage and did not pay them all wages earned and due. The first claimant was awarded $2,581.60 and the second $1,759.50 in unpaid wages. Respondent’s failure to pay the wages was willful, and the first claimant was awarded $6,386 in penalty wages and the second $4,320. The second claimant’s unpaid wages included overtime wages, and he was awarded an additional $4,320 in civil penalties. (available as .PDF file only) |
| In the Matter of Millennium Internet, Inc. (March 22, 2004), Case No. 95-03. A single wage claimant was awarded unpaid wages of $1,831.50 and penalty wages of $5,280. (available as .PDF file only) |
| In the Matter of Adesina Adeniji dba Oregon Janitorial (February 18, 2004), Case No. 16-04. A wage claimant was awarded $1,191.10 in unpaid wages, $1,656 in penalty wages and $1,656 in civil penalties. (available as .PDF file only) |
| In the Matter of Magno-Humphries, Inc. (February 19, 2004), Case No. 38-02. Default civil rights case where the commissioner found that the agency established a prima facie case and concluded that respondent denied complainant OFLA leave by terminating her while she was absent from work due to an OFLA qualified health condition. The commissioner awarded complainant $22,400 in lost wages; $18,000 for mental suffering; and $2,585.31 in lost benefits. (available as .PDF file only) |
| In the Matter of Barbara Bridges and Audio Unlimited LLC (December 17, 2003), Case No. 18-02. Where the Agency failed to establish by a preponderance of evidence that Complainant, a male, had been subjected to an offensive and hostile work environment, had his pay and hours reduced because he complained of sexual harassment, or was constructively discharged because he opposed Respondent Bridges´ alleged unlawful employment practices, the Commissioner dismissed the complaint and specific charges. (available as .PDF file only) |
| In the Matter of Elisha, Inc. (December 23, 2003), Case No. 24-02. Four wage claimants who were employed at Respondent´s motel and lived there during most of their employment claimed back wages. Respondent claimed the four were excluded from Oregon´s minimum wage laws under ORS 653.020(9). The Commissioner found that none of the claimants were engaged in the management or maintenance of Respondent´s motel and were entitled to minimum wage and awarded a total of $53,826.03 in unpaid wages and $6,355 in penalty wages. (available as .PDF file only) |
| In the Matter of Northwest Pizza, Inc. (November 13, 2003), Case No. 61-03. Civil rights alleging discharge from employment based on use of the workers´ compensation system. Complainant was awarded $6,488.50 in lost wages and $30,000 in emotional distress damages. (available as .PDF file only) |
| In the Matter of Rubin Honeycutt dba Mr. Ideals (November 13, 2003), Case Nos. 10-03 & 81-03. Wage claim and recordkeeping violations. Respondent was found to have paid all wages and maintained, preserved, and made available for inspection all required records. (available as .PDF file only) |
| In the Matter of Kathy Morse (October 23, 2003), Case No. 70-02. A single wage claimant was paid $371.57 in unpaid wages from the Wage Security Fund, as Respondent had gone out of business. The Commissioner ordered Respondent to repay $371.57, plus a 25 percent penalty, to the Wage Security Fund. (available as .PDF file only) |
| In the Matter of William Presley (October 14, 2003), Case No. 66-03. A single wage claimant was awarded $4,316.75 in unpaid, due and owing wages, $1,560 in penalty wages, and $1,560 in civil penalties. (available as .PDF file only) |
| In the Matter of Rodrigo Ayala Ochoa and Ochoas´ Greens, Inc. (Revised final order on reconsideration September 23, 2003), Case No. 142-01. A farm labor licensing and civil penalties case. (available as .PDF file only) |
| In the Matter of The Alphabet House and Children´s Center LLC (July 24, 2003), WHD Case Nos. 08-03 and 58-03 (It involves a wage claim and civil penalties for recordkeeping violations. The wage claimant was awarded $9,000 in unpaid wages and $4,061 in penalty wages. The Commissioner assessed $1,200 in civil penalties for Respondent Alphabet Houses´s recordkeeping violations.)(available as .PDF file only) |
| In the Matter of TCS Global Corp. (July 22, 2003), Case No. 34-03 (The Commissioner found that respondent failed to pay an employee minimum wage and failed to pay all wages due and owing when the employee quit his employment. He also found that respondent failed to keep and maintain required payroll records. The Commissioner ordered that respondent pay the unpaid wages and assessed civil penalties for the wage and hour violations.)(available as .PDF file only) |
| In the Matter of Procom Services, Inc. (June 23, 2003), Case No. 56-03 (One person wage claim.)(available as .PDF file only) |
| Rodrigo Ayala Ochoa and Ochoas´ Greens, Inc. (June 5, 2003), Case No.142-01 (It is a farm labor contractor licensing case wherein the Commissioner found respondent Ochoas´ Greens, Inc. liable for civil penalties based on violations of the farm labor statutes and denied a farm labor contractor license to both respondents.)(available as .PDF file only) |
| Schneider Equipment, Inc. and Stanley Schneider, Case No. 15-02 (The Commissioner´s Final Order issued May 13, 2003, was withdrawn and on December 16, 2003, the Commissioner issued an order dismissing all charges.)(available as .PDF file only) |
| Devon Peterson dba Denz Auto Salon (March 1, 2003), Case No. 68-02 (Two wage claimants recovered unpaid wages and penalty wages.)(available as .PDF file only) |
| Vincent and Johnson (February 25, 2003), Case No. 26-02 (PWR Case-debarment.)(available as .PDF file only) |
| Entrada Lodge, Inc. (February 25, 2003), Case No. 25-00 (CRD case/OFLA. Final Order on Remand from the Oregon Court of Appeals.)(available as .PDF file only) |
| Paul Flagg Construction and The House Doctor (January 3, 2003), Case No. 67-02 (Unpaid Wages.)(available as .PDF file only) |
| STEPHANIE NICHOLS dba Steph´s Cleaning Service and STEPH´S CLEANING SERVICE L.L.C. (January 2, 2003), Case No.13-03 and 23-03 (Unpaid wages.)(available as .PDF file only) |
| VIDAL SOBERON and JODY SOBERON dba The Prime House (December 20, 2002), Case No. 45-02 (Respondent had already paid all wages due to claimant when claimant´s employment terminated.)(available as .PDF file only) |
| BARBARA and ROBERT BLAIR, dba Mid-Valley Mechanical (December 17, 2002), Case No. 74-02 (Unpaid wages.)(available as .PDF file only) |
| NES COMPANIES LP (October 9, 2002), Case No. 21-02 (Civil rights family leave case.)(available as .PDF file only) |
| WAL-MART STORES, INC. dba Wal-Mart. (September 27, 2002), Case No. 35-01 (Civil Rights case. The Commissioner awarded the complainant $25,623.50 in lost wages and benefits and $7,500 in mental suffering damages.)(available as .PDF file only) |
| Cedar Lanscape, Inc. (September 13, 2002), Case No. 59-02 (Wage survey violation Civil penalty of $350)(available as .PDF file only) |
| WESTLAND RESOURCES GROUP LLC (September 6, 2002), Case No. 158-01 (unpaid wages)(available as .PDF file only) |
| RODRIGO AYALA OCHOA and Ochoas´ Greens, Inc. (September 6, 2002), Case No. 142-01(Farm Forest Labor civil penalties)(available as .PDF file only) |
| Toni Kuchar dba South Beach Gallery & Studio (August 2, 2002), Case No. 34-02(unpaid wages)(available as .PDF file only) |
| Scott Miller dba Miller Accounting and Consulting (July 29, 2002), Case No. 139-01(unpaid wages)(available as .PDF file only) |
| PETER N. AND PATSY A. ZAMBETTI (July 10, 2002), Case No. 66-01(unpaid wages)(available as .PDF file only) |
| Rubin Honeycutt (June 27, 2002), Case No. 14-02 (wage claimant´s lack of credibility)(available as .PDF file only) |
| Labor Ready Northwest, Inc. (June 17, 2002), Case Nos. 122-01 and 149-01 (Prevailing Wage Rate debarment and civil penalties)(available as .PDF file only) |
| Michael Cheney and Persogenics Corporation. (iJune 17, 2002), Case No. 37-01 (Unpaid wages)(available as .PDF file only) |
| G & G GUTTERS, INC. (May 28, 2002), Case Number 04-02 (Unpaid wages)(available as .PDF file only) |
| HERMISTON ASSISTED LIVING, INC., dba Meadowbrook Place ( May 2, 2002), Case Number 87-01 and 88-01(Whistleblowing) (available as .PDF file only) |
| TRIPLE A CONSTRUCTION, LLC ( April 19, 2002), Case Number 57-01 (Unpaid Wages)(available as .PDF file only) |
| HEIKO THANHEISER dba The Fire Protection ( March 28, 2002), Case Number 07-02 (Unpaid Wages)(available as .PDF file only) |
| DUANE KNOWLDEN ( March 21, 2002), Case Number 152-01 (Unpaid Wages)(available as .PDF file only) |
| ARNOLD J. MITRE dba Mitre Trucking ( March 18, 2002), Case Number 13-02 (Unpaid Wages)(available as .PDF file only) |
| JERRY BENNETT & STAN LYNCH dba Body Worx ( March 18, 2002), Case Number 143-01 (unpaid wages to two wage claimants)(available as .PDF file only) |
| RANDALL STUART BATES dba Skamania Network and Network Management Group ( March 6, 2002), Case Number 113-01 (wage and hour child labor case. Respondent was found liable for $1,500 in civil penalties for four violations of wage and hour laws)(available as .PDF file only) |
| STATE ADJUSTMENT, INC. ( March 6, 2002), Case Number 54-01 (civil rights case wherein respondent was found liable for creating a sexually offensive work environment. Complainant was awarded mental suffering damages in the amount of $10,000.)(available as .PDF file only) |
| LABOR READY NORTHWEST, INC. (December 13, 2001), Case Number 31-01 (prevailing wage rate violations - civil penalties and debarment) (available as .PDF file only) |
| SQDL Co. fka Square Deal Lumber Yard of Silverton (November 13, 2001) Case Numbers 117-00 and 11-01 (Wage Security Fund recovery) (available as .PDF file only) |
| USRA A. VARGAS dba Leon´s Complete Asphalt Maintenance (October 24, 2001) Case No. 67-01 (Failure to Pay Wages Due.) (available as .PDF file only) |
| ILYA SIMCHUK dba West Coast Motor Company (September 21, 2001) Case No. 60-01 (Wage and Hour case where claimant was found to be an employee and not an independent contractor. Wages and civil penalty wages awarded.) (available as .PDF file only) |
| H. R. SATTERFIELD and Stella Satterfield dba The Tool Box. (September 21, 2001) Case No. 19-01 (Civil Rights case where complainant opposed an unlawful employment practice and was hired as a result of her complaint. Lost wages awarded, but no basis established for mental suffering damages.) (available as .PDF file only) |
| Spot Security, Inc. (September 21, 2001) Case Number 112-01 (Failure to complete and return wage survey) (available as .PDF file only) |
| Harney Rock & Paving Co. (September 21, 2001) Case Number 92-01 (Failure to complete and return wage survey) (available as .PDF file only) |
| Larson Construction Co., Inc. (August 30, 2001) Case Number 114-00 (Failure to post Prevailing Wage Rate) (available as .PDF file only) |
| Sreedhar Thakkun (August 29, 2001) Case Number 68-01 (Unpaid Wages) (available as .PDF file only) |
| ARTHUR LEE dba Safe Dry Cleaner (August 8, 2001) Case Number 50-01 (Unpaid Wages) (available as .PDF file only) |
| Barrett Business Services (August 8, 2001) Case Number 20-01 (Disability Discrimmination) (available as .PDF file only) |
| The Landscape Company of Portland LLC (July 19, 2001) Case Number 108-01 (Failure to File PWR Survey) (available as .PDF file only) |
| Landco Enterprises, Inc. (July 19, 2001) Case Number 96-01 (Failure to File PWR Survey) (available as .PDF file only) |
| M. Carmona Painting, Inc. (July 19, 2001) Case Number 98-01 (Failure to File PWR Survey) (available as .PDF file only) |
| WB Painting and Decorating, Inc. (July 13, 2001) Case Number 69-01 (Failure to File PWR Survey) (available as .PDF file only) |
| Wal-Mart Stores East, Inc. dba Wal-Mart (July 13, 2001) Case Number 16-00 (Unlawful Discharge) (available as .PDF file only) |
| Hickox Enterprises, Inc. (June 27, 2001) Case Number 104-01 (Failure to Pay Wages Due) (available as .PDF file only) |
In the Matter of Barrett Business Services, Inc. (issued June 21, 2000). Case No. 25-98, 20 BOLI 189 (2000) (physical disablity) (Final Order on Reconsideration). Claimant, who did not have a physical impairment, applied for work with Respondent as a timber faller. Respondent hired Complainant, then violated ORS 659.425 by refusing to refer him to a job as timber faller based on Respondent's erroneous perception that he had a physical impairment to his back that prevented him from doing strenuous labor using his back. Respondent also required Complainant to pay for a medical examination and/or the cost of providing a health certificate as a condition of continued employment in violation of ORS 659.330. The forum awarded Complainant $7,797.60 in back pay and $20,000 in mental suffering damages. (available as .PDF file only)
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| Bruce D. Huhta and Teresa G. Huhta (May 25, 2001) Case Number 59-00 (Failure to Pay Prevailing Wages) (available as .PDF file only) |
| Jo-El, Inc. (May 20, 2001) Case Number 15-01 (Failure to Pay Wages Due) (available as .PDF file only) |
| Fjord, Inc. (May 9, 2001) Case Number 104-00 (Failure to Pay Wages Due) (available as .PDF file only) |
| Northwest Civil Processing Service, Inc. (April 13, 2001) Case Number 06-01 (Failure to Pay Minimum Wage) (available as .PDF file only) |
| Danny Vong Phuoc Truong dba Danny´s Auto Repair (March 16, 2001) Case Number 38-01 (Unpaid Wages) (available as .PDF file only) |
| Francisco Cisneros dba Sergio´s Dos Mexican & Seafood Restaurant (February 7, 2001) Case Number 93-00 (Unpaid Wages) (available as .PDF file only) |
| Cox and Frey Enterprises, Inc., dba Builders/Interwest (January 18, 2001) Case Number 07-01 (Unpaid Wages) (available as .PDF file only) |
| William George Allmendinger dba Top Notch Construction and Roofing & dba Top Notch Construction, & Marion Allmendinger, dba Top Notch Construction (December 29, 2000) Case Number 90-00, 103-00 (Failure to Pay Prevailing Wage Rate & Failure to Provide Payroll Reports & Records) (available as .PDF file only) |
| Green Planet Landscaping, Inc. (November 21, 2000) Case Number 94-00 (Failure to Return Prevailing Wage Survey) (available as .PDF file only) |
| Steven D. Harris dba Color World Painting (November 21, 2000) Case Number 39-00 (Failure to Pay Prevailing Wage Fee) (available as .PDF file only) |
| Johnson Builders, Inc. and Laine Johnson (October 16, 2000) Case Number 29-00 (Failure to Pay Prevailing Wages) (available as .PDF file only) |
| Bubbajohn Howard Washington (October 10, 2000) Case Number 92-00 (Failure to Pay Wages Due) (available as .PDF file only) |
| Sharon K. Price dba Willow Bay Manor (October 3, 2000) Case Number 101-00 (Failure to Pay Wages Due) (available as .PDF file only) |
| Schneider Equipment, Inc. (September 14, 2000) Case Number 72-00 (Prevailing Wage Rate Survey) (available as .PDF file only) |
| Lane-Douglas Construction, Inc. (August 28, 2000) Case Number 68-00 (Exempt/Non-exempt Employee) (available as .PDF file only) |
| Martha Morrison dba American Temporary Personnel (August 28, 2000) Case Number 84-00 (Prevailing Wage Rate Survey) (available as .PDF file only) |
| Servend International, Inc., dba Flomatic International (August 28, 2000) Case Number 01-00 (Unlawful Discharge) (available as .PDF file only) |
| Contractors Plumbing Service, Inc. (August 2, 2000) Case Number 61-00 (Overtime Wages) (available as .PDF file only) |
| Entrada Lodge, Inc., dba Best Western (August 2, 2000) Case Number 25-00 (Oregon Family Leave) (available as .PDF file only) |
| Goodman Oil Company, Inc. (July 25, 2000) Case Number 69-00 (Withheld Wages) (available as .PDF file only) |
| Robert N. Brown dba Cafe Rosemary (June 8, 2000) Case Number 62-00 (Termination Wages) (available as .PDF file only) |
| Murrayhill Thriftway, Inc. (June 6, 2000) Case Number 69-97 (Race Discrimination) (available as .PDF file only) |
| Labor Ready, Inc., Glen Welstad and Labor Ready Northwest, Inc. (June 1, 2000) Case Number 70-99 (Public Works Project Reporting) (available as .PDF file only) |
| Testerman dba Testerman Masonry (June 1, 2000) Case Number 43-00 (Payment of Prevailing Wage Rate) (available as .PDF file only) |
| F.R. Custom Builders, Inc. (June 1, 2000) Case Number 82-00 (Prevailing Wage Rate Survey) (available as .PDF file only) |
| Nova Garbush dba Garbush Adult Foster Care (April 14, 2000) Case Number 60-00 (Payment of Wages) (available as .PDF file only) |
| Northwest Permastore Systems, Inc. (April 4, 2000) Case Number 40-98 (Payment of Prevailing Wage Rate) (available as .PDF file only) |
| Lambertus Sandker dba Blue River Reforestation (February 11, 2000) Case Number 12-00 (Forest Labor Contracting) (available as .PDF file only) |
| Roseburg Forest Products Co. (February 11, 2000) Case Number 25-99 (Oregon Family Leave Act) (available as .PDF file only) |
| City of Klamath Falls (January 28, 2000) Case Number 02-00 (Payment of Prevailing Wage Rate) (available as .PDF file only) |
| Barbara Coleman dba Featherbed Resort (January 28, 2000) Case Number 15-00 (Failure to Pay Wages) (available as .PDF file only) |
| Richard R. Mabe dba Dick Mabe Trucking dba D.M.T.C. (January 13, 2000) Case Number 03-00 (Failure to Pay Wages) (available as .PDF file only) |
| Alpine Meadows Landscape Maintenance LLC and Ronald Parenteneau (January 11, 2000) Case Number 35-99 (Age Discrimination) (available as .PDF file only) |
| Tomas Benitez (January 7, 2000) Case Number 14-00 (Farm Labor Contracting) (available as .PDF file only) |
| Bob G. Mitchell and Sharon F. Mitchell, dba Granny´s Grainery (January 7, 2000) Case Number 45-99 (Sex Discrimination, Pregnancy) (available as .PDF file only) |
| ARG Enterprises Inc., dba Stuart Anderson Restaurants (December 17, 1999) Case Number 41-99 (Injured Worker, Retaliation) (available as .PDF file only) |
| The T.J.X. Companies, Inc., dba T.J. Maxx (November 30, 1999) Case Number 55-99 (Oregon Family Leave Act) (available as .PDF file only) |
| Dennis Murphy Family Trust dba Mt Scott Residential Care Home (November 16, 1999) Case Number 23-99 (Discrimination Based on Disability) (available as .PDF file only) |
| Ann L. Swanger and Luther M. Swanger dba MTR Investments (September 17, 1999) Case Number 33-99 (Independent Contractor, Commissioned Sales) (available as .PDF file only) |
| Debbie and Brad Frampton both dba Frampton Quarter Horses (September 17, 1999) Case Number 34-99 (Minimum Wage) (available as .PDF file only) |
| Majestic Construction Inc. and Yogesh Narayan aka T.J. Narayan (September 17, 1999) Case Number 66-99 (Payment of Wages) (available as .PDF file only) |
| Western Station Co., WSCO Petroleum Corp and Western Hyway Oil Co. (February 26, 1999) Case Number 04-99 (Sexual Harassment) (available as .PDF file only) |
| Catalogfinder, Inc. (May 7, 1999) Case Number 10-99 (Failure to Pay Wages) (available as .PDF file only) |
| Centennial School District No. 28-J (April 8, 1999) Case Number 09-99 (Oregon Family Leave) (available as .PDF file only) |
| Thomas L. Fery dba Tom Fery Farms (May 6, 1999) Case Number 16-99 (Farm Labor Contracting) (available as .PDF file only) |
| Charles Hurt dba Diamond H (May 7, 1999) Case Number 18-99 (Unlicensed Farm Labor Contractor) (available as .PDF file only) |
| Moyer Theaters, Inc. (March 11, 1999) Case Number 36-97 (Sexual Harassment) (available as .PDF file only) |
| Murrayhill Thriftway, Inc. (May 12, 1999) Case Number 69-97 (Race Discrimination/Harassment) (available as .PDF file only) |
In the Matter of Barrett Business Services, Inc. (issued February 22, 1999), case no. 25-98, 18 BOLI 82 (1999) (physical disablity). Claimant, who did not have a physical impairment, applied for work with Respondent as a timber faller. Respondent hired Complainant, then violated ORS 659.425 by refusing to refer him to a job as timber faller based on Respondent's erroneous perception that he had a physical impairment to his back that prevented him from doing strenuous labor using his back. Respondent also required Complainant to pay for a medical examination and/or the cost of providing a health certificate as a condition of continued employment in violation of ORS 659.330. The forum awarded Complainant $8,450.50 in back pay and $20,000 in mental suffering. (available as .PDF file only)
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| Northwest Permastore Systems, Inc. (February 3, 1999) Case Number 40-98 (Failure to Pay Prevailing Wage Rates) (available as .PDF file only) |
| Leslie Elmer DeHart, Roxanne Lea DeHart and Pacific Northwest Recovery, Inc (April 8, 1999) Case Number 13-99 (Failure to Pay Wages) (available as .PDF file only) |
| Lambertus Sandker dba Blue River Reforestation (May 7, 1999) Case Number 15-99 (Farm Labor Contracting) (available as .PDF file only) |
| Sears, Roebuck and Co. (February 19, 1999) Case Number 41-97 (Injured Worker Discrimination) (available as .PDF file only) |
| Southern Oregon Flagging (April 7, 1999) Case Number 54-98 (Failure to Pay Prevailing Wage Rates) (available as .PDF file only) |
| Mike L. Sulffridge, Mike L. Sulffridge Contracting Inc. and A and B Cutters, Inc. (February 3, 1999) Case Number 11-98, 12-98 (Unlicensed Farm Labor Contractor) (available as .PDF file only) |
| Belanger General Contracting, Inc. (August 4, 1999) Case Number 67-99 (Failure to Pay Wages) (available as .PDF file only) |
| Sabas Gonzalez dba Gonzalez Family Restaurant (July 2, 1999) Case Number 36-99 (Failure to Pay Wages) (available as .PDF file only) |
| Norma Amezola, dba Taqueria El Rey (April 23, 1999) Case Number 22-99 (Failure to Pay Wages) |
| Harold Zane Block and Susan Rebecca Schaan aka Sage and Sand Equine Center (October 14, 1998) Case Number 58-98 (Failure to Pay Wages) (available as .PDF file only) |
| R. L. Chapman Ent. LTD, dba Aghast Productions (January 15, 1999) Case Number 53-98 (Failure to Pay Wages) (available as .PDF file only) |
| Troy Johnson dba Pacific Framing (January 20, 1999) Case Number 06-99 (Failure to Pay Wages) (available as .PDF file only) |
| Advantage Aviation Association adn ESU, Inc (July 28, 1998) Case Number 04-98 (Failure to Pay Wages) (available as .PDF file only) |
| Scott Andersson dba Ace Computer Consulting (May 14, 1998) Case Number 48-98 (Failure to Pay Wages) (available as .PDF file only) |
| Body Imaging P.C. and Paul Meunier (October 16, 1998) Case Number 08-95 (Disability Discrimination) (available as .PDF file only) |
| Central Oregon Building Supply, Inc. (April 7, 1998) Case Number 21-98 (Injured Worker Discrimination) (available as .PDF file only) |
| David Creager dba Visual Images Salon (August 25, 1998) Case Number 50-98 (Failure to Pay Wages) (available as .PDF file only) |
| Executive Transport and Louis Viveiros (July 24, 1998) Case Number 01-97 (Sexual Harassment) (available as .PDF file only) |
| Manuel Galan, Jr. dba Timber Rock Reforestation (August 31, 1998) Case Number 20-97 (Unlicensed Farm Labor Contractor) (available as .PDF file only) |
| Thomas J. Heywood, dba Peter Pan Enterprises (October 14, 1998) Case Number 57-98 (Failure to Pay Wages) (available as .PDF file only) |
| Tomkins Industries, Inc. (October 29, 1998) Case Number 71-97 (Retaliation, Whistleblowing) (available as .PDF file only) |
| Tyree Oil, Inc. (June 10, 1998) Case Number 10-98 (Injured Worker Reinstatement) (available as .PDF file only) |
| Larson Construction Co., Inc. and David M. Larson (July 22, 1998) Case Number 36-98 (Failure to Pay Prevailing Wage Rates) (available as .PDF file only) |
| LTM, Inc. (November 18, 1998) Case Number 45-98 (Injured Worker Discrimination) (available as .PDF file only) |
| Mark and Linda McClaskey dba McClaskey´s Restaurant (December 23, 1998) Case Number 43-98 (Sex Discrimination/Pregnancy) (available as .PDF file only) |
| Paul A. Washburn and Washburn Reforestation (October 29, 1998) Case Number 02-99 (Farm Labor Contracting) (available as .PDF file only) |
| Westwind Group of Oregon dba Burger King (June 30, 1998) Case Number 47-98 (Race Discrimination) (available as .PDF file only) |
| Andres V. Bermudez dba Bermudez Brothers (January 23, 1998) Case Number 01-98 (Discrimination Based on Disability) (available as .PDF file only) |
| Wing F. Fong dba China Hut Restaurant (March 4, 1998) Case Number 57-97 (Sex Harassment) (available as .PDF file only) |
| Oregon Department of Fish and Wildlife (March 4, 1998) Case Number 22-96 (Sex Discrimination) (available as .PDF file only) |
| Graciela Vargas dba Restaurant Vargis (February 4, 1998) Case Number 45-97 (Failure to Pay Wages) (available as .PDF file only) |
In the Matter of Body Imaging, P. C. and Paul Meunier (issued September 16, 1997). Case No. 08-95, 16 BOLI 163 (1997). (disability discrimination). Where respondent employer regarded and treated complainant as if she had a disability (multiple sclerosis), modified the terms and conditions of her employment and deliberately created intolerable conditions compelling complainant to resign, the commissioner found that the employer discriminated against complainant based on disability. Finding that the employer's president aided and abetted the employer, the commissioner held both liable for complainant's lost wages and benefits and mental suffering damages. (available as .PDF file only)
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| Tina Davidson dba Magic Care (August 7, 1997) Case Number 44-96 (Failure to Pay Wages) (available as .PDF file only) |
| Manual Galan dba Campesino #95 (July 2, 1997) Case Number 19-97 (Failure to Pay Wages) (available as .PDF file only) |
| Katari Inc dba Morgan´s Restaurant and Lounge (August 13, 1997) Case Number 40-97 (Sex Discrimination) (available as .PDF file only) |
| Odon Salinas Morfin dba Diamond Tree Trimming (June 18, 1997) Case Number 03-96 (Unlicensed Farm Labor Contractor) (available as .PDF file only) |
| Staff, Inc and Barrett Business Services (July 29, 1997) Case Number 17-97 (Failure to Pay Wages) (available as .PDF file only) |
| Vision Graphics and Publishing (April 17, 1997) Case Number 18-97 (Whistleblowing) (available as .PDF file only) |
| Vision Graphics and Publishing dba Seventh Street Family Restaurant (August 7, 1997) Case Numbers 32-96, 33-96, 34-96 (Sex Harassment, Retaliation) (available as .PDF file only) |
| Arabian Riding and Recreation Corp (July 22, 1997) Case Number 24-97 (Child Labor) (available as .PDF file only) |
| Diran Barber dba Bob´s Bistro (September 25, 1997) Case Number 63-97 (Failure to Pay Wages) (available as .PDF file only) |
| Benn Enterprises dba Timeout Sports Bar (July 2, 1997) Case Number 33-97 (Sex Discrimination) (available as .PDF file only) |
| James Breslin dba Garden Valley Texaco (December 10, 1997) Case Number 42-97 (Independent Contractors) (available as .PDF file only) |
| Francis E Bristow dba Bristow and Associates (June 11, 1997) Case Number 30-97 (Failure to Pay Wages) (available as PDF file only) |
| Richard Cole (December 10, 1997) Case Number 03-98 (Farm Labor Contracting) (available as PDF file only) |
| Burrito Boy, Inc. (April 11, 1997) Case Number 26-97 (Failure to Pay Wages) |
| A.L.P. Incorporated (January 8, 1997) Case Number 35-96 (Sexual Harassment) |
| Benitez Tomas (March 14, 1996) Case Number 09-96 (Failure to Pay Tax Liabilities) |
| Chan, Tony (April 16, 1996) Case Number 11-96 (Workers´ Comp Dispute) |
| Fred Meyer, Inc. (June 12, 1996) Case Number 27-95 (Sexual Harassment) |
| Galan, Manuel (July 10, 1996) Case Number 11-96 (Contracting Without a License) |
| Geoffroy Enterprises, Inc. (September 30, 1996) Case Number 16-96 ( Failure to Pay Wages) |
| Thomas E. Harrington (March 21, 1997) Case Number 36-96 (Age/Disability Discrimination) |
| Hart Industries, Inc. (September 18, 1996) Case Number 28-96 (Failure to Pay Wages Due) |
| Industrial Carbide Tooling, Inc. (March 20, 1996) Case Number 55-95 (OSHA Dispute) |
| Johnson, Mark (August 23, 1996) Case Number 35-96 (Failure to Pay Wages) |
| Jones, Danny R. (June 12, 1996) Case Number 48-95 (Failure to Pay Wages) |
| Mohammad Khan (December 10, 1996) Case Number 25-95 (Failure to Pay Wages) |
| Myers, Thomas (March 14, 1996) Case Number 44-95 (Racial Harassment) |
| Scott Nelson (December 3, 1996) Case Number 06-97 (Underreporting of Payroll and Inadequate Payments of Workers´Comp.) |
| Susan Palmer (January 9, 1997) Case Number 24-97 (Failure to Pay Wages Due) |
| Parker-Hannifin Corporation (March 5, 1997) Case Number 14-96 (Disability Discrimination) |
| Jewel Schmidt (February 4, 1997) Case Number 08-97 (Failure to Pay Wages) |
| Springer, LaVerne (April 8, 1996) Case Number 33-95 (Failure to Verify Age ) |
In the Matter of Nehia, Inc., dba The Turquoise Room (issued June 30, 1975). Case number 01-75, 17 BOLI 241 (1975). (Racial discrimination in public accommodation) (Final Order of Commissioner Bill Stevenson). Respondents, a night club, a security provider, and its employee, checked age identification so as to exclude black persons and racially mixed groups from the club. The Commissioner found that the Respondents violated ORS 659.010(14) by discriminating against three persons because of their race and color and because of the mixed racial makeup of the group they were with and awarded $6,500 in damages. (available as .PDF file only)
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