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Questions Answered by Mr. Michael O. Stevens
2 Answers | Asked in Employment Law for Oregon on
Q: If you quit without notice in Oregon are they required to pay your acquired vacation time?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 7, 2022

Pay out on PTO/vacation time is a contractual matter. If your former employer has a policy or practice in which they pay it out, then they have to, but that is also subject to their policies. As in, some employers may not pay it out without say 2 weeks notice, if one is fired, or some times only... Read more »

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1 Answer | Asked in Copyright for Oregon on
Q: I made a binder with information on survival skills, recipes, how to make fire, cpr charts etc that were taken from

Google, I posted on a social media page with intentions just to share my ideas. people asked if they could buy the PDF from me to print their own. I didn’t claim anything as my own and realized afterwards that this could be counted as copy right. Am I going to go to jail over this??? I am having... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 14, 2022

You do not go to jail for copyright infringement of this type, if it is even copyright infringement. People making counterfeit DVDs or the like on a massive scale are the ones who go to jail. Whether or not what you copied is even copyrighted or copyrightable is a different story and would require... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: If I work holidays is that daytime and a half

Is my boss required to pay extra on holidays if I work those days are they time and a half off

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 2, 2022

No, unless you have a contract that says otherwise, such as in a union. Most employers do this, but that is to entice people to work holidays.

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I am employed by two travel nursing agencies. I have one on pause, the other I just got a contract for a facility

The facility I’m contracted through contacted my agency that’s on pause and asked them to confirm with me that I’m working for another agency, isn’t that a breach in confidentiality? Also is it not ok to work for two agencies?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 9, 2022

Both depend on what your contract says with both agencies. Confidentiality does not just exist, it is by law or by contract.

1 Answer | Asked in Copyright for Oregon on
Q: I discovered art hidden secretly in an artist work ( 1 portrait has most of Alice in Wonderland). Do I have any rights ?

Some work can be observed, many require mirrors and tricks to find (102 so far). Some are public domain, most are not. The artist can only be understood through deconstruction and reconstruction. At first I thought it was all public domain, before I understood there were loop holes. I now have... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 4, 2022

In a nutshell, no. Copyright belongs to the creator/author (or their heirs/assigns), and you are not the creator. You could write a book about it and own the copyright to your book.

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Oregon on
Q: If I leave my job due to harassment, intimidation, bullying, because nothing was done, can I still get unemployment?

I've been working at my current position for over a year now. I am constantly bullied, harassed, and intimidated by coworker and a higherup. I have reported this several times, but nothing has been done. When I have had meetings to explain why I feel I am being treated poorly, it is blamed on... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 6, 2022

Potentially. Eligibility after quitting is never a sure thing, and ultimately it will be up to an administrative law judge. You will have to prove you had no choice but to quit.

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1 Answer | Asked in Copyright for Oregon on
Q: Is it considered copyright infringement if someone uses copyrighted initials in part of their name?

For instance, CPK is copyrighted by the Cabbage Patch Kids company. So if someone uses CPKCLAIRE would that be infringement? Specifically the ending of a URL, like blogspot.com/cpkclaire.

Update: In regards to Michael’s answer, CPK is a registered trademark, so if someone uses it with... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 13, 2022

No, because you cannot copyright initials or even a signature. But, you can trademark initials and signatures.

1 Answer | Asked in Employment Law, Contracts, Business Law and Civil Litigation for Oregon on
Q: Does the statute of frauds apply to employment agreements?

I was given an offer of employment. I accepted the position and I quit my job to take the new job. The day before my start date I was informed that my start date was being postponed due to weather conditions. After inquiring as to when I would begin working for them I was told that they would not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 5, 2022

The statute of frauds is used to basically invalidate contracts, which is not what you are trying to do.

You may have a breach of contract if you can show the contract was for a certain length and thus it was no longer at will, or potentially a promissory estoppel claim due to quitting your...
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1 Answer | Asked in Contracts, Employment Law, Business Law and Small Claims for Oregon on
Q: I signed a paper in November saying I was getting a dollar raise I have not received my raise yet.

I signed a paper saying I was getting a dollar raise back in November, we are now in January and I have not received my raise on my paychecks. My pay stubs still say the same amount. I have talked to my boss more than one time about this and was told the bookkeeper was going to fix this but has not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 2, 2022

Other than quitting, or bugging them, they really is not much you can do until you are no longer employed there. Once you leave, assuming they do not fix it, then you have some options that will get you the back wages and likely penalties as well.

1 Answer | Asked in Employment Law for Oregon on
Q: My employer wants us to work OT at the regular rate to pay back front-loaded sick time. Is that legal?

My employer is providing a one-time loan of 40 hours of PTO due to Covid and loss of work for winter weather (we're a construction company). They would like us to pay back that money by working overtime, though they'll only compensate us at our regular rate of pay, citing the risk that... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 30, 2021

Yes, they cannot do that. No matter what, other than if you are exempt from OT in general, if you work more than 40 hours in a week, you are owed OT.

2 Answers | Asked in Copyright for Oregon on
Q: Is a piece of folk art, created in 1831, owned by a museum, in the public domain for the purposes of creating a likenes

The museum acquired the piece in 1941 and declares that the website image is in the public domain with no restriction on use. The item is a cross stitch sampler. I want to create and copyright a pattern for others to use to recreate the sampler. I intend to profit from my use of the likeness of the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 18, 2021

Most likely it is in the public domain by now, but creation date is not the key for copyright, but the date of publication.

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2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 11, 2021

You seem to imply you believe you got COVID from them. That would be extremely unlikely when you look at the science. Even the CDC has said in the last few months all the cleaning we did wasn't needed, as the odds of transmission that way are extremely remote. That is, by the time you stayed... Read more »

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3 Answers | Asked in Copyright, Business Formation and Insurance Defense for Oregon on
Q: Can I use a like image of PennyWise on my Tattoo Shops logo?

My company's name is INK Therapy, or "IT"

AND the slogan is,"Sit down and deal with IT"

I'm trying to find out if I can use PennyWise's image???

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 10, 2021

Basically no, as you would presumably infringe on someone's copyright and also likely a trademark.

I try to make it simple: If you are trying to make money off of someone else's work, there is likely a problem.

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1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: So my disabled mother and i where in a car accident on the 10th of aug this year and it was clearly the guys fault

is saying its my fault and now his insurance is giving me the run around and im not sure if i should lawyer up or not my mother keeps saying she doesnt want a lawyer but i think thats more about having to pay but i feel like i really need a lawyer at this point!!! what would be the best course of... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 27, 2021

Most attorneys take on cases such as yours as contingency, so you usually do not pay anything unless the attorney gets you something. However, an attorney would need to review your case to know if you have a strong enough case to take it, as here you indicate there is a dispute as to liability. Use... Read more »

1 Answer | Asked in Employment Law, Civil Rights and Medical Malpractice for Oregon on
Q: Is there anything happening in Oregon blocking vaccine mandates by employers and or schools in Oregon?

If not, have other states had success in blocking vaccination mandates?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 20, 2021

I have not heard of anything in Oregon, and attempts in other states, as usual and expected by the legal community, have been unsuccessful.

1 Answer | Asked in Employment Law for Oregon on
Q: See below

I have a question - I put in a proper 2-week notice on May 17th with May 31st being my last day of the 2 week notice.  I understand I forfeited all but 16 hours of my vacation according to HR and company’s policy around 2 week notices.  The 31st is a holiday and our HR Generalist moved my Exit... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 27, 2021

Holiday pay is not a legally controlled item, it is only a company policy, so you would have to look at your company's policies. That said, while you may not have control over holidays, you did have control as to when to put in your notice, and Memorial Day has been scheduled on that date for... Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Are online notarys accepted in oregon? Will the states employment dept accept it if so or do you know?

I know its a odd question. I just don't know the laws on online notarization.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 5, 2021

Yes, Oregon has online notaries now: https://sos.oregon.gov/business/Pages/remote-online-notarization.aspx

1 Answer | Asked in Employment Discrimination, Employment Law and Sexual Harassment for Oregon on
Q: I need assistance with employee laws
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 5, 2021

Then ask a question here, or contact an employment law attorney in your area. There is a find a lawyer link above so you can search for an attorney.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: It looks like "the sorting hat" is TMed for toys and the like, but that I could use it in a coffee shop name, correct?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 21, 2021

Just because there is no federal US trademark on it does not mean it would be fair game. An analysis would be much deeper. Besides, there are three live marks for "the sorting hat" and one is for a bunch of printed material. If you look at that, let's say you could open a coffee... Read more »

1 Answer | Asked in Copyright for Oregon on
Q: Is it legal to purchase baseballs, cut them up with parts of the logo showing, and then use to make jewelry?

More specifically, if I use a Rawlings baseball and make earrings with the logo on the earrings, is that copyright infringement?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 14, 2021

Copyright would likely not be the issue as the Rawlings and/or MLB logos are likely not copyrighted (nor likely copyrightable), but you could have a trademark issue. The issue would be similar to an extent of the recent Lil Nas X Satan shoes issue that Nike sued over.

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