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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Copyright for Oregon on
Q: Is YouTube Audio License music free to use everywhere - or just YouTube?

I have a question about copyright law. Youtube Audio Library has multiple songs under their "YouTube Audio Library License" . The license details read,

"You’re free to use this audio track in any of your videos, including videos that you monetize. No attribution is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Nov 19, 2020

One would need to review the entire contract to be able to provide a proper opinion. Odds are, the music is likely only for use on YouTube.

1 Answer | Asked in Employment Law for Oregon on
Q: If you are offered a lesser position with lower pay & don't take it & are fired can you still get unemployment?

My boyfriend works for a cannabis farm & received a notice that they had lost faith in his ability to do his job after taking sick time for illness/COVID testing. They are offering a lesser position with a $11000 a year pay cut or he can leave/be fired.

If he chooses not to take the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 31, 2020

Potentially. The pay cut might be enough to provide good cause for quitting. See this for more details: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

But it is always risky to quit.

1 Answer | Asked in Employment Law for Oregon on
Q: Gave notice of tort to the state of Oregon And now I want to move forward to a civil lawsuit -

Employment discrimination

Next steps - I’m going to file myself

What is the max amount of damages can you recover

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 23, 2020

File a lawsuit prior to the statute of limitations running, which is shorter due to the the tort claim aspect. If you did not go through the BOLI or EEOC process, you might consider that, and you might consider talking with an attorney as well about your case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: How do i go about on seeing if i have a good case or not?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Use the find a lawyer link above to search for an attorney in your area, then contact them. Many do a free initial consultation to see if you have a case.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: What do i do to get a free lawyer to help me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 16, 2020

Have a good case where the attorney can make money from the other side.

1 Answer | Asked in Employment Law for Oregon on
Q: I am warehouse manager at a grocery store chain in Central Oregon. I worked there for a bit under a year.

A new husband/wife management team is coming in as store managers because the current store manager is retiring. Here's the deal, they've informed us that they are requiring all employees to fill out a new application for their CURRENT job positions. They want everyone on a 90 day... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 6, 2020

If these are new owners and a new company, then you already technically lost your job. And, that is likely what happened here. If you refuse, that is insubordination, which could lead to termination, and one that would likely disqualify you from unemployment.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Quit for good cause, Discrimination and harassments. Able to receive UI?

Been employed as a hourly supervisor for just over 4 years at a local branch of a nationwide manufacturing company. My initial application was for a different position that I was turned down for. Did get hired in a entry level position, quickly advanced to supervisor. Continued to try and advance... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Oct 6, 2020

In order to get UI benefits after quitting a job, you have to show good cause, which is a really high bar. See that section in this article: https://www.osbar.org/public/legalinfo/1099_UnemploymentComp.htm

Based on your description above, I doubt you would be eligible. Basically it has to...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: Can i legally be terminated from my job for being called out to fight wildfires during this conflagration here in oregon

I'm a wildland firefighter through a private Company and as of lately odf and uses has needing us to help out and I'm afraid I might lose my year around job over it

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 20, 2020

You may have protections: https://www.oregonlaws.org/ors/476.576

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I had to quit my job due to my boss yelling at me then physically trying to attack me.

Lucky a coworker held her back as I left through the back door. Now the company is not paying me out for vacation days i earned in the past year. My boss also didn't tell her supervisor about her trying to attack me so they are taking my quitting without 2 weeks notice as the reason for not... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Sep 14, 2020

Denial of your unemployment is up to the state, and given the facts above you should or should have appealed any denial.

As to the payout, they may or may not be required to pay you out on your vacation time. However, if you file a complaint with BOLI over the unsafe workplace, your former...
Read more »

1 Answer | Asked in Employment Law for Oregon on
Q: My manager sent me a "Performance Improvement Plan" letter demanding a signed response by EOD. Must I respond?

Hello, I am working in a hostile work environment and on top of that - I have been given a "Performance Improvement Plan" which is actually a letter listing all "shortcomings" of my performance in my work. There are inaccuracies in this. I feel confident that I am being forced... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 25, 2020

They cannot force you to sign, but refusing to sign can be insubordination, which could get you fired for cause and potentially make you ineligible for unemployment.

1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: Can talking about drag queens be considered sexual harassment in Oregon

Talking about drag queen from the tv show rupauls drag race and who we like and don’t like and how could it be considered sexual harassment.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Aug 25, 2020

Depending on the context and content, yes it could.

1 Answer | Asked in Employment Law for Oregon on
Q: Help understanding oregon labor laws for exempt

I was wondering if you can please clear up some really confusing things i am reading about oregon labor laws for exempt employees.

I am required to work over 40 hours as a teller supervisor in a call center in oregon. They say im a exempt salaried employee so i don't get overtime, but... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 20, 2020

Generally speaking they cannot, but there are exceptions. See BOLI's technical FAQs for some general info: https://www.oregon.gov/boli/employers/Pages/salaried-exempt-employees.aspx

They cite to CFRs and OARs which can provide the actual rules.

1 Answer | Asked in Employment Law for Oregon on
Q: oregon labor law exempt employees

Good morning, I was wondering if you can please help me understand some really confusing things i am reading about oregon labor laws for exempt employees.

At my current employer I am required to work over 40 hours as a teller supervisor in a call center in oregon. They say im a exempt... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 20, 2020

Generally speaking they cannot, but there are exceptions. See BOLI's technical FAQs for some general info: https://www.oregon.gov/boli/employers/Pages/salaried-exempt-employees.aspx

They cite to CFRs and OARs which can provide the actual rules.

1 Answer | Asked in Employment Law for Oregon on
Q: I signed a contract for a school for the upcoming year and want to know if I can back out without any legal consequence

Contract says: It is hereby agreed between the Board of Education of School District #10 and the undersigned licensed staff member that the licensed staff member will teach in the schools of the district for the 2020-2021 school year. It is further understood and agreed that this contract is... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 14, 2020

I doubt that is the entire contract, as those contracts usually gone on for several pages, and no attorney can give you an answer without reviewing the entire contract.

2 Answers | Asked in Copyright, Intellectual Property and Trademark for Oregon on
Q: Can I trademark Floyd D Duck? I think the trademark has lapsed
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jul 8, 2020

Looks like the company is still using the mark, so likely not: https://www.hersheys.com/en_us/our-brands/bubble-yum.html

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1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Probation periods and how do they work?

Recently my husband was fired from his work place because he got into an accident on company time with a company vehicle. When he tried to file a claim for unjust termination, the work place told him he couldn't do it because he has no union behind him because he wasn't past the probation... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Jun 30, 2020

I would suggest contacting a law firm that handles union cases (labor law), such as McKanna Bishop Joffe, as they handle those types of cases. The probation period and rules associated with it should be in the collective bargaining agreement, which the union would have a copy of.

3 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: How do I get copyright of my photos?

I have a store on eBay and noticed that other sellers are using them without my permission and now I found a company using my photos .. its frustrating because I took the time, patience, and dedication to take each photo and for someone to just use them is not fair, I've tried contacting the... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 26, 2020

I'll add that the registration process is all online these days, and something like $30 per registration. But, the process takes a fair amount of time after you submit the registration before it is officially registered. As in, it is not instantaneous.

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2 Answers | Asked in Animal / Dog Law and Personal Injury for Oregon on
Q: My dog bit someone on our property who put their hand close to our fence and threatening legal action. What can I do?

May, 2020: Our neighbor had people visiting, and they were about to leave, and my dog heard them talking loudly and ran outside. We ran outside to get her and this woman told me that my dog had bitten her. She showed me her bite mark, and it was not bleeding; it looked like teeth marks in the skin,... Read more »

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 23, 2020

Turn it over to your homeowner's insurance carrier and let them deal with it. That's why you have insurance.

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1 Answer | Asked in Employment Law for Oregon on
Q: can your employer force you to use their payroll card in oregon?
Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 20, 2020

If you mean the electronic pay cards, not exactly. You have to agree to it, and you can revoke that authority, but it has to be done in writing.

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: New Seasons Market in Oregon has a mask 'requirement' for employees. Is this legal? Can we object and not lose our jobs?

The science clearly shows many health concerns rebreathing expired air and I feel strongly about staying healthy. I've been employed for almost 9 years and love my job with New Seasons but this new policy crosses the line. How can we reach a compromise? Thank you.

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on May 20, 2020

Yes, they can require it, just as they can require you to wear clothing, or if you had a job removing asbestos they can require you to wear full-on respirators.

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