The four principle duties of the Bureau of Labor and Industries (BOLI) are to: 1) to protect the rights of workers and citizens to equal, non-discriminatory treatment through the enforcement of anti-discrimination laws that apply to workplaces, housing and public accommodations; 2) to encourage and enforce compliance with state laws relating to wages, hours, terms and conditions of employment; 3) to educate and train employers to understand and comply with both wage and hour and civil rights law; and 4) to promote the development of a highly skilled, competitive workforce in Oregon through the apprenticeship program and through partnerships with government, labor, business, and educational institutions.

In many cases, BOLI does a great job for employers and employees in general.  However, in many cases, employees need the prompt and assertive action of an attorney.  Especially with the current market conditions, I have heard many reports of BOLI being very busy.  Be sure to stand up for yourself and vigorously enforce your own rights.

There is a wealth of Oregon employment law information available for you on this website.  To get you started in the right direction, please click one of the links below.  However, since the law changes frequently, you should not rely solely on anything you find here.  Instead, it is best to discuss your situation with an attorney.

• I have been fired or treated unfairly by my employer

• My employer is not paying me the wages (including commissions, bonuses, vacation pay, etc.) I am owed

I truly hope the information here helps you understand some basic concepts related to employment rights and gets you started down the right path.

Another interesting part of the study was the reaction from lawyers.  Many apparently dismissed the study.  Others claimed that other factors were in play, such as experience.  However, the study “found that factors like the years of experience, rank of a lawyer’s law school and the size of a law firm were less helpful in predicting the decision to go to trial.”

So what does this study mean for Oregon plaintiffs and their advocates?  This is no new advice, but plaintiffs need to understand their own psychological bias and rely on honest assessments of value and probability.  Unfortunately, lawyers cannot predict the future.  However, as trained professionals, they should be able to neutralize inherent biases and provide sound advice to help maximize recovery.

Why this is important:
From an evidentiary standpoint, it can be helpful to show whether an employer has or has not been subject to complaints in the past. This can help establish/erode credibility and prove your case. And, if the employer has engaged in unlawful conduct in the past, it can help make it easier to obtain penalty wages. See ORS 652.150.

For more information
U.S. Department of Labor – Click here to read about FOIA requests
Oregon Bureau of Labor and Industries – Call 971-673-0761

What exactly are employees entitled to? Under ORS 652.750(2), the employee can review all records used to determine:

• Qualification for Employment
• Promotions
• Compensation
• Disciplinary Action
• Termination

ORS 652.750(3) requires the employer to keep these records intact and produce them on demand for 60 days following termination of employment. The statute also requires, by implication, that employers keep records available during the course of employment, with a few exceptions.

The employer may charge for the records, but only a reasonable amount to recoup the actual cost of providing the records (photocopy charges, etc.)