Oregon Labor Board

August 7th, 2006 Posted by Kimberly

In Oregon the Oregon Labor Board is run by Dan Gardner who is our main person when it comes to any and all issues when it comes to unemployment issues as well as workplace safety issues on our state. This board also oversees all aspects of wages and employment issues in our state. Oregon has a minimum wage of $7.50 per hour which is applied to all employees of the state. This is higher than the national minimum wage of $5.15 per hour. This is done in a n effort to help with the spending and to promote people coming in and working in our state. This minimum wage is applied to all employees including minors and senior citizens.

In Oregon our unemployment rate is currently at 5.4% which is .2 lower than it was in May however it is still higher than the national average of 4.8%. We are getting closer and working very hard to lower our level of unemployed by providing different programs and services to these people in order to help them to get back up on their feet and into the workforce. These programs are designed to help people get new jobs or to find something similar that will help them to sustain their livelihood.

With the Oregon Labor Board a large emphasis is placed on safety and is done so not only to benefit the employee but the employer as well. Everyone is concerned about safety and we all want to do our part to make sure that we come home safe every day from work. So follow the example of the board and work safe and sound. Use the tools provided as well as follow all safety rules as implemented by the state and the company you are working for. A safe place is a happy place.

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Posted in Compliance Issues, Employer Requirements, Labor Law Regulations, Oregon

  1. Posted by: Reuben James Haskins

    My bosses [employers names deleted], took my whole paycheck without my permission. They said they took this to pay my store bill off. What is the website or the number that i can call to report them? They didnt take just a little bit of it, they took my whole check. I put my 2 weeks notice in on the 28th of July 2008 due to lack of work. Then I found out that they are spreading rumours that I sell drugs out of my home. I am a college student, and a very hard working individual. I dont need my name slandered. I have enough problems in my life, and dont need people that are supposed to be professional and courteous to their employees. [Employer name] is very rude to her employees, and even belittles her husband and employess in front of customers. I have been personally attaked verbally by her. She is very rude and unprofessional.

    Please inform me on any action that you may take in dealing with this matter.

    sincerely ,

    reuben

  2. Posted by: Amelia

    Hi Reuben! This is a tough situation. You would report the unauthorized deductions to your paycheck to the Oregon Wage and Hour Division at http://www.oregon.gov/BOLI/WHD/index.shtml.
    Unfortunately, there is no law that employers must be polite to workers, or to each other.
    For a more complete discussion of this problem, post it on the forum at our sister site, at http://www.laborlawtalk.com. And thanks for reading our blogs! Kimberly

  3. Posted by: Ariel

    Message
    I’m concerned about the practices of my significant other’s workplace. Twice now (in a row, even!) they have shorted his check, and refused to do anything about it at the time, only offering to put it on the next biweekly paycheck. Its not a case of small amounts either, these have both been shortages of over 200 dollars, and significantly affected our ability to pay our bills. There is a good chance we will be evicted over it this month! Is there anything we can do, at all?

  4. Posted by: Amelia

    Hi Ariel! You are right to be concerned. Oregon, like several other states, has a payday law. This requires employers to pay workers (in full) on payday. Companies do sometimes make mistakes on paychecks. However, if it is a significant amount, the employer should make arrangements to cut a check for the employee, or pay the difference in cash.

    Report this payday violation to the Oregon Bureau of Labor and Industries at http://www.oregon.gov/BOLI. They enforce this law.

    This may well be a warning sign that the employer is having financial difficulties. Some unscrupulous employers intentionally short employees, when they have cash flow problems. Besides contacting BOLI, your significant other may want to begin looking for another job. You can also post your question on our sister site at http://www.laborlawtalk.com, for more information. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Marcus

    I have concerns about my girlfriends workplace. They have not scheduled her in 2 weeks and the manager will not tell her if she has been fired or otherwise. She has gone into the company to ask as well as leave messages with the manager to call her back. Not to mention that the company did not pay her for the change in minimum wage that occured in January and have repeatedly told her that it would be given to her even though it is a minimal increase on her paycheck. What would her action if any be?

  6. Posted by: Amelia

    Hi Marcus! We recommend that your girlfriend take two actions. First, she should contact the Oregon Bureau of Labor and Industry at http://www.oregon.gov/BOLI/ regarding not being paid minimum wage for the hours that she worked since January. Second, she should file for unemployment. In Oregon as in most states, an employee whose hours are severely reduced qualifies for unemployment benefits, even if she is still employed. (In most states, an employee who quits when her hours are drastically reduced, or when the employer engages in illegal behavior like not paying minimum wage, is also eligible for unemployment.) It is possible that the employer will decide that rather than pay unemployment, they would prefer to put your girlfriend back on the schedule. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Edi

    My employer has changed the terms of my employment. As a per deim employee I am required to give 40 hrs. availability each month. This sounds reasonable but for the fact that my employer will not pay me for the hours that I am available to work at a moment’s notice, unless I am actually called in to work. In other words I have to stay close by waiting for a call, unpaid, unable to engage in any other work during the time that I signed up for as “available”. Previously we were either put on the schedule or not. If we are on the schedule but not needed on the actual day, then we are put on call and paid on call pay. Now, we are only available but no pay for being available. Does anyone know if this is legal?

  8. Posted by: Amelia

    Hi Edi! On Call pay is a complex topic. Generally, under federal law, an employee who is free to go about his or her own persuits while on call need not be paid. The employee must only be paid for the time he or she is actually working. However, if the employee is required to remain on the employer’s premises, he or she is entitled to payment for the entire on-call period. Under Oregon law, if the calls are so frequent or the conditions so restrictive that the employee cannot use the time for normal persuits like eating and sleeping, then the employee must be compensated for the entire time. For a ruling on your particular situation, contact the U.S. Department of Labor, or the Oregon Bureau of Labor and Industries. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.oregon.gov/BOLI/TA/T_FAQ_Tawaitim.shtml#oncall

  9. Posted by: sara

    I work at an “assisted living” facility…although its more like full hands on transfers..i am pregnant and i started spotting one day after work. My MD stated that i was spotting due to lifting so much so she put me on “no lifting over 25lbs” restriction. My work told me that they had no light duty work for me so to file unemployment and they wouldnt denie me my benefits. Its been a month and STILL no paycheck, so i called the unemployment office to see what was going on (i have a son, and we cant live off of my husbands income) b/c i need money. They said that “your employer stated you were unable to work due to a MD note stating you couldnt lift” and i corrected them saying “no, its lack of work, they dont have light duty. They told me to file unemployment and they wouldn’t deny me” My mom (whom doesn’t have a lot of money) gave us $300 to pay a couple bills and get groceries!!! is there anything i can do?! i’ve contacted the unemployment office twice now and the lady working my case finally called me back, but shes “not sure” if I will get my benefits, THEN she said “after your babys born (due date of july 8th) somebody from the office will contact you to see if you’ve had the baby, and see if you can go back to work, and if you have your claim will be under review and that’s assuming you will get your benefits now” and im also required to look for a job right now, even if its minimum wage…that won’t pay my bills b/c i’d have to put our son back in daycare…but she said i would have to take it! Nobodys going to hire me d/t being 7 months pregnant!! what should i do?!

  10. Posted by: Amelia

    Hi sara! Unfortunately, this is a tough situation. The employer told the truth — you would be working, except your doctor requires that you not lift weights over 25 lbs. They don’t have a position that falls within those restrictions. Unfortuantely, it is not up to the employer whether or not they pay unemployment. They can contest unemployment, but NOT contesting unemployment does not automatically mean that the employee receives the benefits.
    Normally, people who lose their job due to a short-term disability do not qualify for unemployment benefits.
    Every state’s unemployment regulations are different, and since we don’t know all the details of your situation, we cannot make a judgement on your case.
    Generally, only people who are able to work, and are actively looking for work, qualify for unemployment benefits. However, in most cases a worker can refuse any job that is unsuitable (for example, one that pays less than her child care) without losing his or her unemployment benefits.
    After you have the baby, you will be unable to work for about 6 weeks, during which time you will not qualify for unemployment benefits. Once you are able to work, and begin your active job search, you may qualify for unemployment benefits again. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Nicole

    Hi, I have a question regarding the way that I am being treated by the employee of another business. I work in an office that has 3 seperate businesses, and currently I am the only employee of my company. One of the other employees has been horrible to me since the first day I showed up for work almost 3 years ago. She yells at me, is very rude and inappropriate. I feel, and have been told by others that this is harrasment. Her boss knows about her behavior, and yet has never done anything about it.
    At one point, she even threw a chart at me. When I went to her boss, his exact words to me were “I hope it doesn’t happen again.” She is a very volitile person, and actually has had several businesses file complaints about her recently. I’m not sure what I should do, I do not have faith that her boss will talk to her about her inappropriate behavior. Do I have grounds to file a harrasment complaint and possibly against her the doctor who owns her practice? There are witnesses to confirm that her behavior has been bad.

  12. Posted by: Amelia

    Hi Nicole! We agree that this employees behavior is completely unacceptable. Unfortunately, it is probably not illegal. Many employees are surprised to learn that “harassment” — meaning one person acting inappropriately to another — is not actually illegal in the workplace. Sexual harassment (when someone makes unwelcome advances or shows lewd behavior towards another) is illegal. So is a hostile work environment, where an employee is being targeted due to his or her sex, age, race, color, national ancestry, etc. and the employer fails to put a stop to it. But if this coworker is simply treating you badly because she hates you, that is not unlawful.
    However, from your description, her behavior is completely out of bounds. Throwing something at your is probably assault. So is pushing you, jabbing you, etc. If she touches you again in any way, you should call the police and file a complaint. This will most certainly get her attention, and the employers. (If the chart incident happened within the past few weeks, you can still file a complaint.)
    You mention that you have reported this woman’s conduct to everyone except your boss. You need to go to your boss, and explain the situation and ask him or her to take action. Her boss has little motivation to take action, and is naturally going to try to protect her own employee. And, definitely begin looking for a new job. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Cindy

    I have a problem with an employer telling other potential employers that I was fired, when in fact my job was eliminated. When I received my last check he said my job was eliminated, which it was. The employer also lied to the State unemployment agency causing my unemployment check to be investigated. The investigation revealed that I was not fired. This is hindering me from finding employment. Do I have any rights in this matter?

  14. Posted by: Amelia

    Hi Cindy! Yes, you do have rights. When a previous employer gives information that prevents you from being hired for a new job, even if it is true, you can sue the employer for liable or slander. Your best bet here is to call the employer or send them a letter and let them know that if they continue, you will have to contact an attorney. Another option would be for you to give another reliable source — at that company or another employer — as a reference. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: brian

    I was sent home from work and told not to return untill the next week .I am a mechanic and get paid by the jobs I do , Since I was unable to work due to not being there can i claim unemployment I only received 11 hours that total week.

  16. Posted by: Amelia

    Hi brian! That depends upon why you were sent home. If it was a disciplinary suspension because you did not follow company policy, then usually you would not qualify for unemployment. If you were sent home because the employer has no work for you, then you may very well qualify for unemployment. The best tactic is to apply at the nearest unemployment office. HTH, and thanks for reading the blogs!~ Amelia

  17. Posted by: Linda

    I have been with a new employment for 6 weeks now and I am continuously being harassed at work to complete more tasks and to work faster. I am working and physically moving my body as fast as I possibly can, I do not stand around or have any down time while I am on the clock. If they are expecting a certain amount of work to be completed should there have been a set of guidelines presented to me? Every day I come into work my supervisor and her assistant scrutinizes on how I should have completed more work. What do you suggest? Is this illegal harassment?

  18. Posted by: Amelia

    Hi Linda! The pressure to work faster is not illegal harassment. Under the law, only sexual harassment is forbidden in the workplace. Sexual harassment occurs when an employee is subject to unwanted advances or comments due to his or her sex. That is not the case here. Other types of harassment at work are lawful and being harassed to be more productive is very common.
    If you were being treated differently from other employees due to your race, color, religion, age (between 40 and 70), pregnancy, sex, national ancestry, or disability, that would be illegal discrimination. But we see no evidence that is the case.
    The pressure to get more and more work done may be intense, but it is lawful. Many employees face this type of pressure. Because you are new to the position, we suggest that you ask the supervisor and her assistant for more training, to show you how you would get more done. Make it clear that you are interested in doing a good job. You may also want to ask what level of production they are looking for. This may be a case of working smarter rather than harder — there may be tips and techniques you can use to accomplish more, even though you are already moving as fast as possible. For example, maybe you could carry two or three items on each trip rather than one. Or, maybe you can arrange the work so that fewer trips are necessary. Or, there may be a way to do two things at one time.
    We will say that you seem to be developing an adversarial relationship with your supervisor and her assistant. Unless you can convince them you are on their side, your long-term job security with this company doesn’t look good. HTH, and thanks for reading the blogs!~ Amelia

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