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Questions Answered by Mr. Michael O. Stevens
2 Answers | Asked in Employment Law and Admiralty / Maritime for Oregon on
Q: I'm the manager of a company that deals with exporting seafood was given a raise and it was taken away without notice ?

A deal in commercial fishing and offloading of commercial vessels for export. I was given a substantial raise and was paid that raise through several months of the year and then it was taken away without notice. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 25, 2023

Depends on what you mean by notice. An employer can change any compensation, unless this was a union job. All they have to do is tell you beforehand (prospectively), and as in, hey Bob, starting tomorrow your pay is cut in half. If they do that, then it is legal. If that is the type of notice they... View More

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2 Answers | Asked in Employment Law for Oregon on
Q: My job says they require me to come in an hour early before my shift. But I'm not being paid for that time.

My job says they require me to come in an hour early before my shift. I asked if I get paid for that time? They said no, they just need me at work early. If I'm not being paid for my time can they fire me for not wanting to come in if I'm not getting paid for my time while there?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 27, 2022

If they require you to be there, then at a minimum they owe you for waiting time:

https://www.oregon.gov/boli/workers/Pages/paid-time.aspx

If you are actually working, then they owe you for just regular hours (and potentially OT if it makes you go over 40 hours in a week)....
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1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon, is calling out sick protected even if it is not FMLA?

I called in sick unconsecutively to care for my ill child, 4 times in a 3 month period. I have been employed for over 5 years with them. I am being placed on probation due to my attendance. My employer is private and has over 350 employees.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 23, 2022

It can be proteceted under Oregon's Sick Leave law, which covers care for a sick child. However, whether they violated the law depends on if you still had sick leave available and if you followed their reporting rules.

1 Answer | Asked in Employment Law and Civil Litigation for Oregon on
Q: I gave and fulfilled 2 weeks prior to leaving my job. Final paycheck wasn't ready until 4 days later, Is this legal?

The 2 weeks notice I gave to Masterbrand Cabinets Inc. ended on a Friday, I was told the would have my final paycheck on Monday so I drove 30 miles to pick it up, but they still didn't have it ready and told me to try back the next day. So I drove 30 miles back home and the next day again... View More

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

Since you gave that much notice, your final check was due on your last day, so it is well overdue. You are entitled to an extra 8 hours of pay for each day they were late, which started that Saturday. I would contact an employment attorney in your area, and your employer will also have to pay... View More

3 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: I’m writing a children’s book series with the Adventurers of Benny the Bigfoot and Wally the Whale. How to license

Do I need to get a trademark or register it?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 4, 2023

In addition to the copyright, once you are using the trademark in commerce (or what to pay in essence for a reservation to use the mark), then you can register a trademark as well. That just protects the name, while the copyright protects the words to the story.

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1 Answer | Asked in Employment Law for Oregon on
Q: Is a salaried physical therapist in the state of OR entitled to overtime pay for non typical work done on off days?

Specifically if they are asked to make and deliver a presentation and attend an event for numerous hours on their day off after already working a full 40 hour work week.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 9, 2023

As with many things in the law, it depends. The issue is not salary, but whether or not they are exempt or not from overtime. See this for details:

https://www.oregon.gov/boli/employers/pages/salaried-exempt-employees.aspx

1 Answer | Asked in Business Law and Copyright for Oregon on
Q: Can I use pictures from royalty free image websites on Business Products such as Tshirts or Greeting cards?

There are quite a few websites online that have "Royalty free/Copyright free" Images for you to use for commercial purposes with your business. I'm looking to use some of the images for a small business that will produce stickers, Tshirts, Greeting cards etc. Although these websites... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 19, 2023

The problem with websites like that are that often times the images are uploaded by users and they just say they are copyright free. I would suggest going with a more reputible source that licenses them so you potentially have recourse if someone claim copyright infringment against you.

1 Answer | Asked in Employment Law for Oregon on
Q: I gave two weeks notice but my work wants me to officially resign today and not work. Do I have to resign "officially"?

They do not want me to work the next two weeks. I gave them my (verbal) two week's notice but now they want paperwork with my "last day" moved up to tomorrow. Do I have any standing to be paid those two weeks?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 15, 2023

No, you do not have to. Of course they could then fire you, but so what if you already gave notice.

1 Answer | Asked in Personal Injury for Oregon on
Q: My lawyer does not have my best interest and I am unsure what to do

I am involved in an MDL. My lawyer has been terrible from the start with little to no communication, minimizing the effects of the trauma I've been through and try trying to persuade me to take a settlement that is ridiculously low for what I've been through. I feel he is very... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 28, 2023

You can always fire your attorney. However, you may still have to pay them, which can make it difficult to find a new attorney.

1 Answer | Asked in Employment Law for Oregon on
Q: Is a text message considered written notice in Oregon if the recipient acknowledged and responded to the message?

Didnt get paid 1/20/23. I've had several conversations via text with my boss (owner of company) about it.

He randomly fires me on 1/23/23 via text. I've text him several times about him still owing me money. He refuses to respond. I know he is still using same phone because my... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 25, 2023

Yes, a text message works for the written notice required in a final paycheck. Just make sure your text has the content required.

2 Answers | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Should I consult an employment attorney before signing a separation agreement?

My position was "eliminated" under unusual circumstances. I lost my mother in March and sister in September. Despite this, I did my best to continue working. My employer started outsourcing my work even though I was managing the load and delivering on my goals. I was offered 2 mos.... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Nov 7, 2022

There is a reason those agreements typically include language that encourages you to do so. An attorney can help you assess whether the amount they are paying is comparable to what you might get in a lawsuit, as well as if you have any valid claims against the company.

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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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.

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