| FINAL ORDERS INDEX |
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In the Matter of Susan C. Steves (April 30, 2012), Case No. 75-11.
Respondent employed Claimant as her assistant from March 5, 2009, through May 26, 2010, during which time Claimant worked 1,143 hours. In the absence of an agreed wage rate, Claimant was entitled to be paid Oregon's statutory minimum wage of $8.40 per hour for all hours worked. Claimant earned $9,601.20 and was only paid $2,000, leaving $7,601.20 in unpaid due and owing wages. Respondent's failure to pay Claimant was willful and Respondent was ordered to pay $2,016.00 in penalty wages. Respondent was ordered to pay an additional $2,016.00 as a civil penalty based on her failure to pay the minimum wage for all hours worked.
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In the Matter of Cyber Center, Inc. (April 24, 2012), Case No. 29-11.
The Agency established by a preponderance of the evidence that Respondent Cyber Center, Inc. (“CCI”), acting through its general manager, demoted Complainant, a pregnant woman, from her position as assistant night manager and cut her pay based on her sex/pregnancy, in violation of ORS 659A.030(1)(b). The Agency also proved that CCI fired Complainant based on her sex/pregnancy in violation of ORS 659A.030(1)(a) and that Respondent Gary Speaks, CCI’s CEO and corporate vice president, aided and abetted CCI in Complainant's discharge, thereby violating ORS 659A.030(1)(g). The forum awarded Complainant $44.40 in back pay and $20,000.00 in emotional and mental suffering damages based on her demotion and pay cut, with CCI solely liable for those damages. The forum also awarded Complainant $12,172.00 in back pay and $120,000.00 in emotional and mental suffering damages based on her discharge, with CCI and Speaks jointly and severally liable for those damages.
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In the Matter of Schultz Mfg., Inc. (April 4, 2012), Case No. 10-12.
Respondent violated Oregon child labor laws by employing a minor in 2008 and 2009 without first obtaining a validated employment certificate, pursuant to ORS 653.307. The minor was seriously injured while engaged in hazardous work prohibited by Oregon's child labor laws and Respondent was assessed a civil penalty in the amount of $1,000.
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In the Matter of J & S Moving & Storage, Inc. (March 19, 2012), Case No. 68-11.
Respondent employed Claimant as a truck driver between April 5 and May 1, 2010. Claimant worked for two different agreed rates, $9 per hour and $0.25 per mile. Respondent fired him, paying him nothing for his work, and alleged that Claimant had stolen money from Respondent that exceeded the amount of wages due. The Commissioner held that this was not a defense to a wage claim and ordered Respondent to pay Claimant $2,205.75 in unpaid, due and owing wages and $2,160.00 in penalty wages.
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In the Matter of the Petition for Declaratory Ruling by the International Association of Fire Fighters, Local 3564, Petitioner, and City of Grants Pass, Intervenor (January 13, 2012), Case No. 84-11.
The International Association of Firefighters, Local 3564 (IAFF) filed a petition for a declaratory ruling on behalf of its members who were employed by the City of Grants Pass (City) to determine whether the City is required to include authorized vacation and sick leave time when computing overtime wages for the IAFF’s firefighters, as required by ORS 652.080. The Commissioner ruled that the City was required to include authorized vacation and sick leave time when computing overtime wages for the IAFF’s firefighters, as required by ORS 652.080.
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In the Matter of Letty Lee Sesher (September 21, 2011), Case No. 02-11 (Amended).
The Commissioner issued an Amended Order in case No. 02-11 on September 21, 2011, to change the Respondent named in the caption from 'Letty Lee Sesher' to 'Letty Lee Sesher aka Letty Lee Shapiro fdba Letty’s Adult Foster Care Home,' the same name that appeared in the caption to the Agency’s Order of Determination, and to modify the 'Order' to include Respondent’s additional name. Two Procedural Findings of Fact were also added or amended to reflect these changes. No other changes were made.
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In the Matter of Letty Lee Sesher (August 30, 2011), Case No. 02-11.
Respondent employed Claimant as a care provider in 2009 at Respondents adult foster care home. Claimant was only paid $25.00 for eleven 12 hour overnight shifts that she worked and was entitled to be paid $8.40 per hour, Oregon’s minimum wage, plus any applicable overtime, for all the work she performed on overnight shifts. In total, Claimant worked 302.25 hours, including 15 overtime hours. Claimant was underpaid by $896.80 and Respondent was ordered to pay Claimant that amount as unpaid, due, and owing wages. Respondent’s failure to pay the wages was willful, and she was ordered to pay Claimant $2,016.00 in penalty wages. Respondent was also ordered to pay $2,016.00 in civil penalties based on her failure to pay the minimum wage or overtime wages to Claimant.
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In the Matter of Horizon Technologies, LLC (June 24, 2011), Case No. 67-10.
Claimant worked from August 2007 through December 2008 performing home-based internet sales of Respondent’s product, and was only paid $33 when Respondent went out of business. The Agency sought to recover $21,725.92 in unpaid wages on behalf of Claimant. The Agency also sought to recover funds that were paid to Claimant from the Wage Security Fund, plus a 25 percent penalty on those funds. Based on evidence presented by the Agency that showed Claimant was an independent contractor and not employed by Respondent, the forum concluded that the Agency did not establish a prima facie case and dismissed the Agency’s Order of Determination.
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In the Matter of Mark Frizzell and Launa Frizzell (June 13, 2011), Case No. 05-11.
Respondent Mark Frizzell, a commercial fisherman, employed Claimant in 2009 as a crew member to assist Respondent in the 2009-2010 crab harvest. Claimant worked a total of 137 hours preparing Respondents crab gear for the crab harvest. He was fired shortly before crab season began. If Claimant had participated in the crab harvest, he would have been paid a percentage of the total harvest. Instead, the only pay he received was in the form of cash and check draws and cans that he could cash in for a deposit return, totaling $497. Under these circumstances, the forum concluded that Claimant was entitled to be paid at the minimum wage rate for all of his work on Respondents crab gear. Computed at Oregons 2009 minimum wage of $8.40 per hour, Claimant earned $1,150.80, leaving $653.80 in unpaid, due, and owing wages. Respondents failure to pay the wages was willful and the forum awarded Claimant $2,016.00 in penalty wages. The forum also awarded Claimant $2,016.00 as a civil penalty based on Respondents failure to pay Claimant the minimum wage for all hours worked. The forum determined that Respondent Launa Frizzell did not employ Claimant and dismissed the charges against her.
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In the Matter of Computer Products Unlimited (June 8, 2011), Case Nos. 37-10 & 57-10.
Respondent employed four wage Claimants as commissioned salespersons between October 2008 and January 2009. All four Claimants worked straight time and overtime hours. Respondent paid $420 to one Claimant, $100 to a second Claimant, and nothing to the other Claimants. Calculated at the minimum wage, the two Claimants who were paid nothing earned $850.69 and $2,877.60, respectively, leaving those amounts in unpaid, due, and owing wages. The Claimant who was paid $420 earned $3,388.14, leaving $2,968.14 in unpaid, due and owing wages. The Claimant who was paid $100 earned $1,956.01, leaving $1,856.01 in unpaid, due, and owing wages. Respondent was ordered to pay Claimants their unpaid, due, and owing wages. Respondents failure to pay the wages was willful, and Respondent was ordered to pay Claimants $1,908, $1,908, $1,922.40, and $1,932, respectively, in penalty wages. Respondent was also ordered to pay $1,908, $1,908, $1,922.40, and $1,932, respectively, in civil penalties based on Respondents failure to pay minimum and overtime wages to Claimants.
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In the Matter of David W. Lewis aka Bandon Boatworks (April 21, 2011), Case No. 18-11.
Seven wage claimants worked for Respondent at varying rates of pay between October 16 and November 23, 2008, and were not paid any wages. The Agency determined that Respondent owed them $4,034.35 in unpaid, due and owing wages and paid the claimants $4,034.35 from the Wage Security Fund ("WSF"). The Agency sought to recover the $4,034.35 paid out from the WSF, plus a 25 percent penalty on those funds, and the forum ordered Respondent to repay the full amount paid out by the WSF, plus a 25 percent penalty of $1,008.59, with interest on both sums.
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In the Matter of FRASER’S RESTAURANT & LOUNGE, INC., dba Fraser’s Restaurant & Quarterdeck Lounge, and THOMAS ALLEN FRASER (April 21, 2011), Case No. 23-11.Six wage claimants worked for Respondent Fraser’s Restaurant & Lounge, Inc. between February 1 and May 13, 2010, and a seventh wage claimant worked for Respondent Thomas Allen Fraser from May 18 through June 11, 2010. All seven performed work for which they were not properly compensated. Based on Respondents’ admissions, the forum granted summary judgment to the Agency regarding the validity of the wage claims and ordered Respondents to pay $12,565.80 in unpaid wages.
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In the Matter of Paul Samuels dba Samuels Auto Body (December 15, 2010), Case No. 22-10.
Respondent employed Claimant in 2008 at Respondent’s auto body and paint shop at the agreed rate of $10 per hour. Claimant worked a total of 1668 hours, including 1,252 straight time hours and 416 overtime hours. He earned $12,520 for his straight time work and $6,240 for his overtime work, for a total of $18,760, and was only paid $6,750. Respondent was ordered to pay Claimant a total of $11,710 as unpaid, due, and owing wages. Respondent’s failure to pay the wages was willful, and he was ordered to pay Claimant $2,400 in penalty wages. Respondent was also ordered to pay $2,400 in civil penalties based on his failure to pay overtime wages to Claimant.
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In the Matter of Spud Cellar Deli, Inc, (June 14, 2010) Case Nos. 21-08 & 22-08.
The Agency alleged that Respondent, through its male president/proxy, sexually harassed two female complainants. The Agency further alleged that Respondent retaliated against one complainant by reducing her work hours after she complained of the harassment. Finally, the Agency alleged that both complainants were constructively discharged based on their sex. The Commissioner found that one complainant was subjected to sexual harassment based on "tangible employment action" and "hostile work environment" theories of sexual harassment and constructively discharged because of her sex, while the other complainant was subjected to sexual harassment based on a "hostile work environment" theory of sexual harassment but not constructively discharged or a victim of retaliation. The Commissioner awarded $309.58 in back pay and $10,000 in damages for emotional distress damages to the first complainant and $5,000 in emotional distress damages to the second complainant.
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In the Matter of Charles Edward Minor, (March 31, 2010) Case No. 96-09.
The Agency established by a preponderance of credible evidence that Respondent, a male, subjected Complainant, a female, to offensive and unwelcome sexual conduct that created a hostile and intimidating work environment, in violation of ORS 659A.030(1)(b), then constructively discharged Complainant in violation of ORS 659A.030(1)(a). The forum awarded Complainant $50,000 for emotional and mental suffering damages.
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In the Matter of Blanchet House of Hospitality, (February 19, 2010) Case No. 11-10.
The Agency determined that Requester’s affordable housing project was not "residential construction" and was subject to Oregon’s prevailing wage rate laws. The Commissioner held that the Agency correctly determined that Requester’s Project was subject to the prevailing wage rate laws because it was not "residential construction" under ORS 279C.810(2)(d).
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In the Matter of Mass Tram America and Ben Missler, (February 19, 2010) Case No. 16-09.
Respondent Mass Tram America, Inc., a corporation, employed Claimant to work 211 hours between March 27 and May 15, 2007, at the agreed rate of $10.00 per hour. Claimant worked 183.5 straight time hours and 27.5 overtime hours, earning $1,835.00 in straight time wages and $412.50 in overtime wages, for a total of $2,247.50, and was only paid $190.00. Respondent Mass Tram was ordered to pay Claimant $2,057.50 in unpaid, due and owing wages. Respondent Mass Tram willfully failed to pay the wages due and was ordered to pay $2,400.00 in penalty wages. Respondent Mass Tram was also ordered to pay a $2,400.00 civil penalty based on its failure to pay earned overtime wages to Claimant. The Order of Determination was dismissed against Respondent Missler because the Agency failed to prove that he was Claimant’s employer or to pierce the corporate veil.
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In the Matter of Best Concrete and Gravel LLC and Marlow Pounds, (February 19, 2010) Case No. 16-07.
The Commissioner dismissed Claimant’s wage claim when the Agency did not prove by a preponderance of credible evidence that Respondents engaged Claimant’s personal services or agreed to pay him $7.50 per hour for personal services rendered.
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In the Matter of Income Property Management Co., (January 6, 2010) Case No. 54-08.
Respondent denied Complainant Oregon Family Medical Leave ("OFLA") by terminating her while she was absent from work due to an OFLA qualified health condition. The forum determined that Respondent should pay Complainant $15,000 for mental suffering she experienced as a result of the denial.
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In the Matter of Ryan Allen Hite, (November 18, 2009) Case No. 58-09.
The Agency paid out $3,444 in unpaid wages to two wage claimants from the Wage Security Fund and sought reimbursement of that amount from Respondent, plus a 25 percent penalty of $861. The forum ordered Respondent to repay $3,444 to the Wage Security Fund and a 25 percent penalty of $861. ORS 652.140, 652.414.
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In the Matter of Allen Belcher dba Gutters Etc., (October 28, 2009) Case No.63-08.
Claimant worked 54 hours as an employee of Respondent from May 29 through June 18, 2007. She was entitled to be paid the minimum wage of $7.80 per hour and was only paid $75.00. Respondent was ordered to pay Claimant $346.20 in unpaid, due and owing wages. Respondent’s failure to pay the wages was willful, and Respondent was ordered to pay $1,872.00 in penalty wages. Based on Respondent’s failure to pay the minimum wage to Claimant, Respondent was also ordered to pay a civil penalty of $1,872.00.
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In the Matter of FROM THE WILDERNESS, INC dba From the Wilderness Publications and Michael Ruppert as employer proxy, (Sept. 16, 2009) Case No. 39-08.
The Agency alleged and established, by a preponderance of credible evidence, that Respondent, through its proxy Michael Ruppert, Respondent's president and sole shareholder, subjected Complainant to offensive and unwelcome sexual conduct that created a hostile and intimidating work environment, in violation of ORS 659A.030(1)(b), then discharged Complainant in retaliation for her complaint about the sexual conduct, in violation of ORS 659A.030(1)(f). The forum concluded that Respondent was liable for Ruppert’s sexual harassment and awarded Complainant $2,713.42 in back wages and $125,000 for emotional and mental suffering damages.
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In the Matter of Blachana, LLC, dba Penner's Portsmouth Club, (Aug. 26, 2009) Case No. 06-08.
NW Sportsbar, LLC, a bar and restaurant, went out of business on May 9, 2006. Subsequently, four employees who were owed wages for work performed in the prior 60 days filed wage claims. The commissioner made a determination that the claims were valid and caused $7,047.62 to be paid to the four claimants from the Wage Security Fund. On June 26, 2006, Respondent Blachana, LLC opened for business as a bar and restaurant at the same location where NW Sportsbar had conducted business. The commissioner determined that Respondent was a "successor" employer under ORS 652.310(1) and ordered Respondent to repay the Wage Security Fund $7,047.62 for the wages paid out to the four claimants, as well as a 25 percent penalty of $1,761.91.
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In the Matter of Spud Cellar Deli, (Aug. 11, 2009) Case No. 28-08. Respondent violated Oregon child labor laws by employing minors in 2007 without first obtaining a validated employment certificate, pursuant to ORS 653.307 and OAR 839-021-0220(2); by employing minors without first verifying the age of the minors, pursuant to OAR 839-021-0185; by employing at least one minor to perform work declared to be particularly hazardous or detrimental to the health or well being of minors 16 and 17 years old, in violation of OAR 839-021-0104; and, by failing to post a validated employment certificate, pursuant to OAR 839-021-0220(3). As a result of the violations, Respondent was found liable for civil penalties in the amount of $5,000. ORS 653.307; ORS 653.370; ORS 109.510; OAR 839-021-0220(2); OAR 839-021-0185; OAR 839-021-0104; OAR 839-021-0220(3); OAR 839-019-0020.
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In the Matter of Sehat Entertainment, (July 31, 2009) Case No. 30-08.
The Agency paid out $5,245 in unpaid wages to two wage claimants from the Wage Security Fund and sought to recover the full amount from Respondents, plus a $1,311.25 penalty, pursuant to ORS 652.414. The forum concluded Respondents were jointly and severally liable for the amounts sought and ordered Respondents to pay $6,556.25 as reimbursement to the Fund, plus the statutory penalty. Also, the forum concluded Respondents were jointly and severally liable for the remaining unpaid wages totaling $17,280 and ordered Respondents to pay the wage claimants the full amounts owed. The forum further concluded that Respondents were jointly and severally liable for their willful failure to pay the wages when due and ordered Respondents to pay the wage claimants penalty wages totaling $4,200, pursuant to ORS 652.150. The forum also concluded that Respondents were jointly and severally liable to one wage claimant for failing to pay him at the applicable overtime rate for the hours he worked in excess of 40 hours per week and ordered Respondents to pay $2,400 in civil penalties, pursuant to ORS 653.055. ORS 652.140; ORS 652.150; ORS 652.332; ORS 652.414; ORS 653.055.
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In the Matter of Robert J. Thomas dba More and More Construction, (June 4, 2009) Case No. 11-09. The Agency paid out $2,037.50 in unpaid wages to two wage claimants from the Wage Security Fund and sought reimbursement of that amount from Respondent, plus a 25 percent penalty of $509.38, $6,000 in penalty wages, and a $3,000 civil penalty for one claimant who was not paid overtime wages. Respondent was ordered to repay $509.38 to the Wage Security Fund, a 25 percent penalty of $509.38, $6,000 in penalty wages, and a $3,000 civil penalty.
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In the Matter of Tailor Made Fencing, (May 28, 2009) Case No. 04-09.
Respondent Thomas Sciborski, individually operating a construction business under an unregistered assumed business name, employed Claimants and failed to pay them wages totaling $2,118.00. Respondent Sciborski acted willfully by failing to pay the wages and was ordered to pay $10,080.00 in penalty wages in addition to the $2,118.00 in unpaid wages, plus interest. At all times material, Respondent Tailor Made Fencing & Decking, Inc. was a defunct corporation; therefore, the wage claims alleging unpaid wages and penalty wages against Respondent Tailor Made Fencing & Decking, Inc. were dismissed. ORS 652.140, ORS 652.150, ORS 652.332.
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In the Matter of Laura M. Jaap, (April 8, 2009) Case No. 32-08. Respondent employed three wage claimants to perform repairs on her daughter's house at the respective agreed rates of $25, $12, and $12 per hour. Respondent's daughter was also named as a Respondent. Claimants respectively earned $4,400, $2,112, and $1,056 in gross wages and were only paid $1,000, $980, and $288 before quitting. The forum found that Respondent Jaap was Claimants' sole employer and dismissed the Order of Determination as to the daughter. Respondent was ordered to pay a total of $5,300 as unpaid, due, and owing wages. Respondent's failure to pay the wages was willful, and she was ordered to pay Claimants a total of $11,760 in penalty wages.
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In the Matter of Linda Marie Morgan, (March 30, 2009) Case No.80-08. Respondent employed Claimant as a food server at the agreed rate of $9 per hour. Claimant worked 489 hours, including 9.25 overtime hours. Claimant earned $4,442.63, including $124.88 in overtime wages, and was paid $2,397. Respondent was ordered to pay the balance due of $2,045.63 in unpaid, due and owing wages. Respondent's failure to pay was willful and she was ordered to pay $2,160 in penalty wages. Because Respondent failed to pay the appropriate overtime rate, she was ordered to pay an additional $2,160 in civil penalties.
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In the Matter of 82nd Auto Mall, Inc., (March 30, 2009) Case No. 23-08. Respondent employed Claimants as car salesmen and agreed to pay them a commission for each car they sold. The combined wage and commission payments paid to Claimants during the wage claim periods failed to meet the state minimum wage rate for the hours they worked and Respondent was ordered to pay unpaid wages totaling $2,200. The failure to pay was willful and Respondent also was ordered to pay penalty wages totaling $3,600. Additionally, Respondent was ordered to pay civil penalties totaling $3,600 based on Respondent's failure to pay the statutory minimum wage in violation of ORS 653.025.
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In the Matter of Central City Concern, (March 20, 2009) Case No. 66-08.
The Commissioner affirmed the Agency's determination that Requester's proposed Rose Quarter Housing Project was subject to the prevailing wage rate laws if it entered into an agreement to accept public funds after July 1, 2007, and that the affordable housing exemption in ORS 279C.810(2)(d) does not apply to the Project.
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In the Matter of Village Cafe, Inc. (December 3, 2008) Case No. 25-08. Respondent employed four wage claimants in 2006 at the minimum wage of $7.50 per hour and did not pay them all wages earned and due. Claimants were awarded a total of $3,420.90 in unpaid wages. Respondent's failure to pay the wages was willful, and each claimant was awarded $1,800 in penalty wages, for a total of $7,200 in penalty wages. Based on Respondent's failure to pay Claimants the minimum wage, each claimant was also awarded $1,800 as a civil penalty, for a total of $7,200 in civil penalties.
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In the Matter of Forestry Action Committee of the Illinois Basin (October 31, 2008) Case No. 25-07. Respondent employed Claimant as a forestry technician at the agreed rate of $12 per hour. Respondent failed to pay Claimant for all hours she worked, including those hours that exceeded 40 in a regular workweek. Respondent kept no record of Claimant's work hours and the forum awarded $2,274 in unpaid wages based on Claimant's credible testimony regarding her pay rate and the amount and extent of the work she performed. Respondent's failure to pay was willful and the forum ordered Respondent to pay an additional $2,880 in penalty wages.
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In the Matter of J. Guadalupe Campuzano-Cazares (September 4, 2008) Case No. 59-06. Although credible evidence established that Respondent employed at least one of the two wage claimants, the evidence was not sufficiently reliable to support the number of work hours claimed or to determine the amount of unpaid wages. Based on the lack of credible evidence establishing that Respondent failed to pay two wage claimants all wages owed, the order of determination alleging unpaid wages, penalty wages, and civil penalties was dismissed.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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).
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.)
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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.)
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In the Matter of Procom Services, Inc. (June 23, 2003), Case No. 56-03 (One person wage claim.)
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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.)
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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.)
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Devon Peterson dba Denz Auto Salon (March 1, 2003), Case No. 68-02 (Two wage claimants recovered unpaid wages and penalty wages.)
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Vincent and Johnson (February 25, 2003), Case No. 26-02 (PWR Case-debarment.)
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Entrada Lodge, Inc. (February 25, 2003), Case No. 25-00 (CRD case/OFLA. Final Order on Remand from the Oregon Court of Appeals.)
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Paul Flagg Construction and The House Doctor (January 3, 2003), Case No. 67-02 (Unpaid Wages.)
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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.)
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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.)
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BARBARA and ROBERT BLAIR, dba Mid-Valley Mechanical (December 17, 2002), Case No. 74-02 (Unpaid wages.)
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NES COMPANIES LP (October 9, 2002), Case No. 21-02 (Civil rights family leave case.)
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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.)
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Cedar Lanscape, Inc. (September 13, 2002), Case No. 59-02 (Wage survey violation Civil penalty of $350)
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WESTLAND RESOURCES GROUP LLC (September 6, 2002), Case No. 158-01 (unpaid wages)
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RODRIGO AYALA OCHOA and Ochoas´ Greens, Inc. (September 6, 2002), Case No. 142-01(Farm Forest Labor civil penalties)
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Toni Kuchar dba South Beach Gallery & Studio (August 2, 2002), Case No. 34-02(unpaid wages)
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Scott Miller dba Miller Accounting and Consulting (July 29, 2002), Case No. 139-01(unpaid wages)
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PETER N. AND PATSY A. ZAMBETTI (July 10, 2002), Case No. 66-01(unpaid wages)
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Rubin Honeycutt (June 27, 2002), Case No. 14-02 (wage claimant´s lack of credibility)
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Labor Ready Northwest, Inc. (June 17, 2002), Case Nos. 122-01 and 149-01 (Prevailing Wage Rate debarment and civil penalties)
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Michael Cheney and Persogenics Corporation. (iJune 17, 2002), Case No. 37-01 (Unpaid wages)
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G & G GUTTERS, INC. (May 28, 2002), Case Number 04-02 (Unpaid wages)
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HERMISTON ASSISTED LIVING, INC., dba Meadowbrook Place ( May 2, 2002), Case Number 87-01 and 88-01(Whistleblowing)
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TRIPLE A CONSTRUCTION, LLC ( April 19, 2002), Case Number 57-01 (Unpaid Wages)
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HEIKO THANHEISER dba The Fire Protection ( March 28, 2002), Case Number 07-02 (Unpaid Wages)
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DUANE KNOWLDEN ( March 21, 2002), Case Number 152-01 (Unpaid Wages)
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ARNOLD J. MITRE dba Mitre Trucking ( March 18, 2002), Case Number 13-02 (Unpaid Wages)
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JERRY BENNETT & STAN LYNCH dba Body Worx ( March 18, 2002), Case Number 143-01 (unpaid wages to two wage claimants)
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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)
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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.)
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LABOR READY NORTHWEST, INC. (December 13, 2001), Case Number 31-01 (prevailing wage rate violations - civil penalties and debarment)
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SQDL Co. fka Square Deal Lumber Yard of Silverton (November 13, 2001) Case Numbers 117-00 and 11-01 (Wage Security Fund recovery)
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USRA A. VARGAS dba Leon´s Complete Asphalt Maintenance (October 24, 2001) Case No. 67-01 (Failure to Pay Wages Due.)
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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.)
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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.)
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Spot Security, Inc. (September 21, 2001) Case Number 112-01 (Failure to complete and return wage survey)
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Harney Rock & Paving Co. (September 21, 2001) Case Number 92-01 (Failure to complete and return wage survey)
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Larson Construction Co., Inc. (August 30, 2001) Case Number 114-00 (Failure to post Prevailing Wage Rate)
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Sreedhar Thakkun (August 29, 2001) Case Number 68-01 (Unpaid Wages)
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ARTHUR LEE dba Safe Dry Cleaner (August 8, 2001) Case Number 50-01 (Unpaid Wages)
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Barrett Business Services (August 8, 2001) Case Number 20-01 (Disability Discrimination)
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The Landscape Company of Portland LLC (July 19, 2001) Case Number 108-01 (Failure to File PWR Survey)
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Landco Enterprises, Inc. (July 19, 2001) Case Number 96-01 (Failure to File PWR Survey)
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M. Carmona Painting, Inc. (July 19, 2001) Case Number 98-01 (Failure to File PWR Survey)
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WB Painting and Decorating, Inc. (July 13, 2001) Case Number 69-01 (Failure to File PWR Survey)
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Wal-Mart Stores East, Inc. dba Wal-Mart (July 13, 2001) Case Number 16-00 (Unlawful Discharge)
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Hickox Enterprises, Inc. (June 27, 2001) Case Number 104-01 (Failure to Pay Wages Due)
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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.
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Bruce D. Huhta and Teresa G. Huhta (May 25, 2001) Case Number 59-00 (Failure to Pay Prevailing Wages)
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Jo-El, Inc. (May 20, 2001) Case Number 15-01 (Failure to Pay Wages Due)
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Fjord, Inc. (May 9, 2001) Case Number 104-00 (Failure to Pay Wages Due)
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Northwest Civil Processing Service, Inc. (April 13, 2001) Case Number 06-01 (Failure to Pay Minimum Wage)
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Danny Vong Phuoc Truong dba Danny´s Auto Repair (March 16, 2001) Case Number 38-01 (Unpaid Wages
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Francisco Cisneros dba Sergio´s Dos Mexican & Seafood Restaurant (February 7, 2001) Case Number 93-00 (Unpaid Wages)
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Cox and Frey Enterprises, Inc., dba Builders/Interwest (January 18, 2001) Case Number 07-01 (Unpaid Wages)
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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)
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Green Planet Landscaping, Inc. (November 21, 2000) Case Number 94-00 (Failure to Return Prevailing Wage Survey)
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Steven D. Harris dba Color World Painting (November 21, 2000) Case Number 39-00 (Failure to Pay Prevailing Wage Fee)
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Johnson Builders, Inc. and Laine Johnson (October 16, 2000) Case Number 29-00 (Failure to Pay Prevailing Wages)
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Bubbajohn Howard Washington (October 10, 2000) Case Number 92-00 (Failure to Pay Wages Due
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Sharon K. Price dba Willow Bay Manor (October 3, 2000) Case Number 101-00 (Failure to Pay Wages Due)
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Schneider Equipment, Inc. (September 14, 2000) Case Number 72-00 (Prevailing Wage Rate Survey)
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Lane-Douglas Construction, Inc. (August 28, 2000) Case Number 68-00 (Exempt/Non-exempt Employee)
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Martha Morrison dba American Temporary Personnel (August 28, 2000) Case Number 84-00 (Prevailing Wage Rate Survey)
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Servend International, Inc., dba Flomatic International (August 28, 2000) Case Number 01-00 (Unlawful Discharge)
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Contractors Plumbing Service, Inc. (August 2, 2000) Case Number 61-00 (Overtime Wages)
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Entrada Lodge, Inc., dba Best Western (August 2, 2000) Case Number 25-00 (Oregon Family Leave)
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Goodman Oil Company, Inc. (July 25, 2000) Case Number 69-00 (Withheld Wages)
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Robert N. Brown dba Cafe Rosemary (June 8, 2000) Case Number 62-00 (Termination Wages)
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Murrayhill Thriftway, Inc. (June 6, 2000) Case Number 69-97 (Race Discrimination)
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Labor Ready, Inc., Glen Welstad and Labor Ready Northwest, Inc. (June 1, 2000) Case Number 70-99 (Public Works Project Reporting)
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Testerman dba Testerman Masonry (June 1, 2000) Case Number 43-00 (Payment of Prevailing Wage Rate)
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F.R. Custom Builders, Inc. (June 1, 2000) Case Number 82-00 (Prevailing Wage Rate Survey)
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Nova Garbush dba Garbush Adult Foster Care (April 14, 2000) Case Number 60-00 (Payment of Wages)
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Northwest Permastore Systems, Inc. (April 4, 2000) Case Number 40-98 (Payment of Prevailing Wage Rate)
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Lambertus Sandker dba Blue River Reforestation (February 11, 2000) Case Number 12-00 (Forest Labor Contracting)
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Roseburg Forest Products Co. (February 11, 2000) Case Number 25-99 (Oregon Family Leave Act)
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City of Klamath Falls (January 28, 2000) Case Number 02-00 (Payment of Prevailing Wage Rate)
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Barbara Coleman dba Featherbed Resort (January 28, 2000) Case Number 15-00 (Failure to Pay Wages)
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Richard R. Mabe dba Dick Mabe Trucking dba D.M.T.C. (January 13, 2000) Case Number 03-00 (Failure to Pay Wages)
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Alpine Meadows Landscape Maintenance LLC and Ronald Parenteneau (January 11, 2000) Case Number 35-99 (Age Discrimination)
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Tomas Benitez (January 7, 2000) Case Number 14-00 (Farm Labor Contracting)
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Bob G. Mitchell and Sharon F. Mitchell, dba Granny´s Grainery (January 7, 2000) Case Number 45-99 (Sex Discrimination, Pregnancy)
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ARG Enterprises Inc., dba Stuart Anderson Restaurants (December 17, 1999) Case Number 41-99 (Injured Worker, Retaliation)
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The T.J.X. Companies, Inc., dba T.J. Maxx (November 30, 1999) Case Number 55-99 (Oregon Family Leave Act)
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Dennis Murphy Family Trust dba Mt Scott Residential Care Home (November 16, 1999) Case Number 23-99 (Discrimination Based on Disability)
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Ann L. Swanger and Luther M. Swanger dba MTR Investments (September 17, 1999) Case Number 33-99 (Independent Contractor, Commissioned Sales)
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Debbie and Brad Frampton both dba Frampton Quarter Horses (September 17, 1999) Case Number 34-99 (Minimum Wage)
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Majestic Construction Inc. and Yogesh Narayan aka T.J. Narayan (September 17, 1999) Case Number 66-99 (Payment of Wages)
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Western Station Co., WSCO Petroleum Corp and Western Hyway Oil Co. (February 26, 1999) Case Number 04-99 (Sexual Harassment)
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Catalogfinder, Inc. (May 7, 1999) Case Number 10-99 (Failure to Pay Wages)
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Centennial School District No. 28-J (April 8, 1999) Case Number 09-99 (Oregon Family Leave)
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Thomas L. Fery dba Tom Fery Farms (May 6, 1999) Case Number 16-99 (Farm Labor Contracting)
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Charles Hurt dba Diamond H (May 7, 1999) Case Number 18-99 (Unlicensed Farm Labor Contractor)
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Moyer Theaters, Inc. (March 11, 1999) Case Number 36-97 (Sexual Harassment)
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Murrayhill Thriftway, Inc. (May 12, 1999) Case Number 69-97 (Race Discrimination/Harassment)
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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.
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Northwest Permastore Systems, Inc. (February 3, 1999) Case Number 40-98 (Failure to Pay Prevailing Wage Rates)
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Leslie Elmer DeHart, Roxanne Lea DeHart and Pacific Northwest Recovery, Inc (April 8, 1999) Case Number 13-99 (Failure to Pay Wages)
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Lambertus Sandker dba Blue River Reforestation (May 7, 1999) Case Number 15-99 (Farm Labor Contracting)
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Sears, Roebuck and Co. (February 19, 1999) Case Number 41-97 (Injured Worker Discrimination)
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Southern Oregon Flagging (April 7, 1999) Case Number 54-98 (Failure to Pay Prevailing Wage Rates)
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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)
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Belanger General Contracting, Inc. (August 4, 1999) Case Number 67-99 (Failure to Pay Wages)
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Sabas Gonzalez dba Gonzalez Family Restaurant (July 2, 1999) Case Number 36-99 (Failure to Pay Wages)
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Norma Amezola, dba Taqueria El Rey (April 23, 1999) Case Number 22-99 (Failure to Pay Wages)
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Harold Zane Block and Susan Rebecca Schaan aka Sage and Sand Equine Center (October 14, 1998) Case Number 58-98 (Failure to Pay Wages)
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R. L. Chapman Ent. LTD, dba Aghast Productions (January 15, 1999) Case Number 53-98 (Failure to Pay Wages)
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Troy Johnson dba Pacific Framing (January 20, 1999) Case Number 06-99 (Failure to Pay Wages)
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Advantage Aviation Association adn ESU, Inc (July 28, 1998) Case Number 04-98 (Failure to Pay Wages)
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Scott Andersson dba Ace Computer Consulting (May 14, 1998) Case Number 48-98 (Failure to Pay Wages)
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Body Imaging P.C. and Paul Meunier (October 16, 1998) Case Number 08-95 (Disability Discrimination)
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Central Oregon Building Supply, Inc. (April 7, 1998) Case Number 21-98 (Injured Worker Discrimination)
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David Creager dba Visual Images Salon (August 25, 1998) Case Number 50-98 (Failure to Pay Wages)
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Executive Transport and Louis Viveiros (July 24, 1998) Case Number 01-97 (Sexual Harassment)
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Manuel Galan, Jr. dba Timber Rock Reforestation (August 31, 1998) Case Number 20-97 (Unlicensed Farm Labor Contractor)
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Thomas J. Heywood, dba Peter Pan Enterprises (October 14, 1998) Case Number 57-98 (Failure to Pay Wages)
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Tomkins Industries, Inc. (October 29, 1998) Case Number 71-97 (Retaliation, Whistleblowing)
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Tyree Oil, Inc. (June 10, 1998) Case Number 10-98 (Injured Worker Reinstatement)
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Larson Construction Co., Inc. and David M. Larson (July 22, 1998) Case Number 36-98 (Failure to Pay Prevailing Wage Rates)
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LTM, Inc. (November 18, 1998) Case Number 45-98 (Injured Worker Discrimination)
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Mark and Linda McClaskey dba McClaskey´s Restaurant (December 23, 1998) Case Number 43-98 (Sex Discrimination/Pregnancy)
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Paul A. Washburn and Washburn Reforestation (October 29, 1998) Case Number 02-99 (Farm Labor Contracting)
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Westwind Group of Oregon dba Burger King (June 30, 1998) Case Number 47-98 (Race Discrimination)
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Andres V. Bermudez dba Bermudez Brothers (January 23, 1998) Case Number 01-98 (Farm Labor Contractor)
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Wing F. Fong dba China Hut Restaurant (March 4, 1998) Case Number 57-97 (Sex Harassment)
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Oregon Department of Fish and Wildlife (March 4, 1998) Case Number 22-96 (Sex Discrimination)
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Graciela Vargas dba Restaurant Vargis (February 4, 1998) Case Number 45-97 (Failure to Pay Wages)
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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.
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Tina Davidson dba Magic Care (August 7, 1997) Case Number 44-96 (Failure to Pay Wages)
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Manual Galan dba Campesino #95 (July 2, 1997) Case Number 19-97 (Failure to Pay Wages)
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Katari Inc dba Morgan´s Restaurant and Lounge (August 13, 1997) Case Number 40-97 (Sex Discrimination)
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Odon Salinas Morfin dba Diamond Tree Trimming (June 18, 1997) Case Number 03-96 (Unlicensed Farm Labor Contractor)
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Staff, Inc and Barrett Business Services (July 29, 1997) Case Number 17-97 (Failure to Pay Wages)
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Vision Graphics and Publishing (April 17, 1997) Case Number 18-97 (Whistleblowing)
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Vision Graphics and Publishing dba Seventh Street Family Restaurant (August 7, 1997) Case Numbers 32-96, 33-96, 34-96 (Sex Harassment, Retaliation)
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Arabian Riding and Recreation Corp (July 22, 1997) Case Number 24-97 (Child Labor)
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Diran Barber dba Bob´s Bistro (September 25, 1997) Case Number 63-97 (Failure to Pay Wages)
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Benn Enterprises dba Timeout Sports Bar (July 2, 1997) Case Number 33-97 (Sex Discrimination)
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James Breslin dba Garden Valley Texaco (December 10, 1997) Case Number 42-97 (Independent Contractors)
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Francis E Bristow dba Bristow and Associates (June 11, 1997) Case Number 30-97 (Failure to Pay Wages)
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Richard Cole (December 10, 1997) Case Number 03-98 (Farm Labor Contracting)
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Burrito Boy, Inc. (April 11, 1997) Case Number 26-97 (Failure to Pay Wages)
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A.L.P. Incorporated (January 8, 1997) Case Number 35-96 (Sexual Harassment)
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Benitez Tomas (March 14, 1996) Case Number 09-96 (Failure to Pay Tax Liabilities)
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Chan, Tony (April 16, 1996) Case Number 11-96 (Workers´ Comp Dispute)
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Fred Meyer, Inc. (June 12, 1996) Case Number 27-95 (Sexual Harassment)
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Galan, Manuel (July 10, 1996) Case Number 11-96 (Contracting Without a License)
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Geoffroy Enterprises, Inc. (September 30, 1996) Case Number 16-96 ( Failure to Pay Wages)
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Thomas E. Harrington (March 21, 1997) Case Number 36-96 (Age/Disability Discrimination)
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Hart Industries, Inc. (September 18, 1996) Case Number 28-96 (Failure to Pay Wages Due)
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Industrial Carbide Tooling, Inc. (March 20, 1996) Case Number 55-95 (OSHA Dispute)
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Johnson, Mark (August 23, 1996) Case Number 35-96 (Failure to Pay Wages)
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Jones, Danny R. (June 12, 1996) Case Number 48-95 (Failure to Pay Wages)
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Mohammad Khan (December 10, 1996) Case Number 25-95 (Failure to Pay Wages)
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Myers, Thomas (March 14, 1996) Case Number 44-95 (Racial Harassment)
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Scott Nelson (December 3, 1996) Case Number 06-97 (Underreporting of Payroll and Inadequate Payments of Workers’ Comp.)
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Susan Palmer (January 9, 1997) Case Number 24-97 (Failure to Pay Wages Due)
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Parker-Hannifin Corporation (March 5, 1997) Case Number 14-96 (Disability Discrimination)
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Jewel Schmidt (February 4, 1997) Case Number 08-97 (Failure to Pay Wages)
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Springer, LaVerne (April 8, 1996) Case Number 33-95 (Failure to Verify Age)
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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.
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