Aug 31, 2018
Regardless of whether you are the employee or an employer involved in a Bureau of Labor and Industries (“BOLI”) complaint process, it can be unnerving. The best way to face your trepidation is to fully understand your rights, responsibilities, and the overall process. The following is a guide to the various parts of a BOLI complaint.
Step One: The Complaint
The employee usually contacts BOLI via the telephone and talks to an Intake Officer. If … Read more
Jul 31, 2018
Oregon laws require that employers pay employees at least once every 35 days. Oregon law also dictates that employees should be paid on time and be paid the full amount that they are owed each payday – what a revolutionary idea!
What happens if your employer deducts pay from your paycheck?
Generally, your employer cannot withhold money from your paycheck. The big exceptions may not surprise you:
- If the employer is required to do so
… Read more
Jun 12, 2018
Getting fired or losing your job is never easy and it can be especially difficult if you were fired or terminated for reasons that are unjust or discriminatory. Oregon and federal law have many protections regarding discrimination and firing. Read on to get the “lay of the land” regarding Oregon law with respect to wrongful termination.
At the most basic level an employer can discharge an employee at any time and for any reason … Read more
Jul 19, 2016
The U.S. Department of Labor (DOL) has issued new rules governing overtime pay which will automatically extend eligibility for overtime pay to an estimated 4.2 million workers. Under the new rules, which will take effect on December 1, 2016, most salaried workers earning less than $913.00 a week ($47,476.00 annually) will be entitled to collect overtime pay. This newly prescribed salary level is more than double the current amount ($455.00 per week or $23,660.00 per … Read more
Dec 15, 2014
Both federal and Oregon wage and hour law require employers to pay covered employees one and one-half times their regular wage for all hours worked in excess of 40 in a workweek. As the funny commercials featuring that gecko would say, “everybody knows that.” What many people may not know, however, is that the overtime requirements also apply to employees who work in your home.
Back in 1974, the federal Fair Labor Standards Act, first … Read more
Feb 12, 2014
It’s often entertaining to watch kids rationalize their way to preordained conclusions. When a court tries to reason its way to the outcome it wants, the sight is at best merely painful and more often embarrassing. The Oregon Supreme Court’s opinion in Blachana, LLC v. Bureau of Labor and Industries, 354 Or 676 (2014) is an illustration of such result driven reasoning that’s not only painful and embarrassing but, unfortunately, wrong and unfair as well.… Read more
Jul 12, 2012
Employers use tip pooling arrangements to distribute tips an employee receives among the employer’s various other employees. Frequently, employers create tip pooling arrangements where the employer requires the tipped employee, such as a waiter or bartender, to place a portion of tips received into a pool which is then distributed to non-tipped employees, such as dishwashers and cooks. Some employers even take a portion of these tips for management or to distribute to independent contractors, … Read more
Sep 1, 2011
When an employer fails to properly pay an employee wages after termination of the employee’s employment, the employee can assert a claim for unpaid wages against the employer. In a wage claim against the employer, the employee can recover the employee’s unpaid wages and a statutory penalty. The statutory penalty is either 30 days of unpaid wages or 100 percent of the employee’s unpaid wages, whichever is greater. In most circumstances the 30 days of … Read more
Dec 21, 2010
An employee’s claim for unpaid wages exposes an employer not only to potential liability for the unpaid compensation but also to the possible added responsibility for statutory penalties and liability for the employee’s attorney fees and costs; all in addition to the employer’s own legal expenses. In other words, the claim can cost an employer much more than just the amount of compensation the employee claims is owed. An employer who cares about reducing their … Read more