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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Criminal Law for Oregon on
Q: Can a 15 yr old boy date an 18 yr old girl in the state of Oregon she is not 18 yet but will be in a couple months
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 18, 2020

Date, yes. Have sex, no, he is 15. Potentially there is a defense under the Romeo/Juliet rules, but it is illegal and not worth the potential sex offender tag for the rest of your life.

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer take back commission I've earned and been paid for and also paid taxes on?

I am an outside sales person and earn a base salary as well as commission if my sales total a certian amount (i.e. $3000=30% of sales, $4000=40%, etc.). After I sale an account, it is handed over to a franchisee and I no longer have anything to do with it. If the account cancels before 120 days has... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2020

Depends on your written commission agreement: https://www.oregon.gov/boli/TA/Pages/TA_FAQ_Commissions.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: Can my employer reduce hours if I'm paid like salary, even though I'm classified as hourly?

I am an outside salesperson. When I started, I was salary + commission. A couple years ago, my boss changed me to hourly, although my pay did not change. He merely did the math on what my salary would be if paid hourly, and basically clocked me in and out for 8 hours each day. In the 6 years I... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 16, 2020

Yes, they can. Your remedy is to quit if you can find another job that pays more.

2 Answers | Asked in Employment Law for Oregon on
Q: Are Payroll records covered under Hipaa laws? Is it illegal for me to see them if I've been given access in the past?

I am 1 of 2 who work in my office. We are on our 4th office manager since I started. At times I have been the only office person for weeks and done all office duties besides Payroll. My company uses a Payroll service, but can't always pay the taxes right away, so writes us checks with no... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 15, 2020

HIPAA would not apply, as that applies to health records, but there are other privacy rules/laws that apply, so no, you should not be looking at other's records, but the violation is on the employer for not preventing you from doing so.

On a different topic, it sounds like your...
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2 Answers | Asked in Employment Law and Securities Law for Oregon on
Q: Oregon. 40 hr as security, no breaks. Sup said he would take away our ability to sit as punishment. Legal or not?

Sup said bc people were putting their feet up on the desk, he would take away all chairs so we would have to stand for 8-12 hrs at a time. We do not get any breaks, no meal time or anything. We eat as we are working if we have time and often going to the bathroom we get angry people wanting to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 12, 2020

There might be an OSHA regulation that requires chairs, so you might contact BOLI as they enforce OSHA. They also enforce the breaks and lunches, or lack thereof. If the employer also did not pay you for the lunch time, you may have a wage claim/overtime claim. As in, if your shift is 8 hours long,... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: I was released from my probationary period as a salaried District Athletic Director without notice. Do I have a claim?

Employed 9/23/19-4/28/20 by a California school district. My position was hired as a non-union 'Classified Management' position with a salary of $4,700 per month. My supervisor was the district Superintendent. We only met twice during my tenure, and never once was my job performance,... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 7, 2020

You need to re-post in the California forum, as the laws do differ a bit from state to state.

1 Answer | Asked in Employment Law for Oregon on
Q: I have been getting garnishments deducted from my paycheck, but I don't owe money or no the reasoning.

I didn't even receive a notice of garnishment, till I asked my recent job if there was a reason for this garnishment.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 1, 2020

If the garnishment was not valid, it is likely they will not only owe you the money back, but also a penalty of $200 per unlawful deduction. I would contact an attorney to discuss your options.

2 Answers | Asked in Employment Law for Oregon on
Q: employer goes into time clock & deducts 30 minutes from everyday I work knowing I work through my lunch
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 8, 2020

This is what we often call wage theft. They owe you all of that time.

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6 Answers | Asked in Car Accidents and Insurance Bad Faith for Oregon on
Q: Why is the insurance company forcing me to use my PIP to reimburse me for my lost wages for a non-at fault accident?

I was in an accident were liability was determined to be completely the other drivers fault. Both of us have the same insurance carrier (Progressive). The insurance company forced me to use my own PIP to pay my medical bills. I would have rather not used my own policy (PIP) and filed a third... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 8, 2020

Because that is how it works until you settle with the insurer for the at-fault party. That insurer has no obligation to pay you anything until you settle or take them to court. This is why PIP exists, so you can get medical care and lost income while you wait to be able to settle with the other... View More

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1 Answer | Asked in Employment Law for Oregon on
Q: do employers have to pay employees for training if the employer is paying for the training

my company is paying for me to take the armed dpsst class during my normal shift hours, does my employer still need to pay me my hourly wage

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 2, 2020

If you are required by your employer to attend, then it should be paid time.

1 Answer | Asked in Copyright and Trademark for Oregon on
Q: If I wanted to title a book with "Portlandia" in the name, do I need to get permission? Or is this a commonly used name?

It's being used in reference to the city of Portland. More of just a fancy way of saying Portland.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 29, 2020

Depends on how you are using it. Portlandia is a trademark for several items, see the USPTO's TESS search for details.

1 Answer | Asked in Employment Law and Patents (Intellectual Property) for Oregon on
Q: What else can I do to make my deceased fathers employment office get ahold of me in order to process his last paycheck?

Hello, my father passed away last year in October and it is now February. I have called and called the agency (People Ready) my dad worked for (he worked as a carpenter through a temp agency) and I have left voicemails and even spoke to someone who said they would call me back, but no one has... View More

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

You might retain an attorney to contact them. A quick letter would likely not cost much, and the estate may be able to reimburse that cost. See ORS 652.190 for who is supposed to get the check to ensure you are the correct person before demanding the check.

1 Answer | Asked in Employment Law for Oregon on
Q: Can an employee sue a business owner that isn't paying an employees wages even though said business is an LLC?

Oregon business. Owner hasn't paid wages in almost a year. I believe blatantly ignoring LLC requirements.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 18, 2020

I would recommend contacting BOLI, as they can better force an individual to pay, and if the company has no money, they can use a special fund that is for that purpose.

1 Answer | Asked in Contracts and Employment Law for Oregon on
Q: I have a contract for employment. with financial fees - its an at will state of Oregon. is it binding need help consult

for company and need to leave to apply elsewhere causing anxiety and distress

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Usually the contracts that require repayment of relocation or sign on bonuses are valid, but any attorney would need to review the entire contract to give you a valid opinion.

2 Answers | Asked in Copyright and Intellectual Property for Oregon on
Q: I made a song with a free beat that the creator allows anyone to use and someone else who doesnt own it Copyrighted me

They have whole different lyrics just the same beat and they copyrighted my song causing me to unwillingly forfeit all future revenue I may make and I was wondering what I can do about it legally

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Unsure, as your information does not exactly make sense. The person who wrote the beat owns the copyright to that part, you would own the copyright to your lyrics. The other person would own the rights to their lyrics.

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1 Answer | Asked in Employment Law for Oregon on
Q: In Oregon as a on site manager can you tell you employee that you salary compensation is $600.00 + 1321.00 = $1921.00.

And your total hours work is 131.

And your paycheck are only $600.00

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 8, 2020

Assuming the $1321 is the rent you get for free, then as a general proposition, yes, and employer can claim your compensation as the combined amounts.

1 Answer | Asked in Employment Law for Oregon on
Q: My boss added audio to security cameras in the restaraunt i work. Is it legal. Is if an invasion of privacy
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Feb 3, 2020

Most likely not, as he likely does not have consent to record audio: https://www.oregonlaws.org/ors/165.540

1 Answer | Asked in Employment Law for Oregon on
Q: What can I do if my employer doesnt pay me?

It has been 7 days tomorrow since "payday." My boss says "he doesnt know when we will get paid."

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 24, 2020

If you don't think they have the money, and that is what it sounds like, start looking for another job. Then contact BOLI as they have a special fund to pay you.

If you think they have the money, then best contact an employment law attorney to discuss your options.

1 Answer | Asked in Employment Law for Oregon on
Q: Is being let go for not being a good fit for the company legal if you got along with all your coworkers?

I was fired on Jan,16 2020 for not being a good fit for the company even though I got along with everyone I worked with. I had been working for them since May 2019 with no issues at all no complaints. I was even sent a text and an email from my bosses on the 16th stating I was scheduled to work and... View More

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

Google "Employment At Will" and you can become educated on how employment is in most of the United States.

1 Answer | Asked in Employment Law for Oregon on
Q: Since termination paperwork is not required and I’ve been told I’m fired...

Since termination paperwork is not required and I’ve been told I’m fired but must work another month, if I leave my job now and not work that month is it considered that I quit or fired.

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

Quit in a general sense. Hard to say if you be eligible for unemployment benefits.

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