Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Employment Law for Oregon on
Q: If i only work 8 hour shifts can i be forced to punch out for lunch resulting in an annual deduction of $1400 in wages?

I realize by law my employer had to offer a 30 minute lunch.

My question is, do i have to lose 2.5 hours of pay each week or should they offer a 8 1/2 hour shift to avoid this?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Sep 4, 2018

Your employer is forced to give you a lunch after 6 hours of work, so they have to give you this lunch. Now, if you are working through the lunch, then you have to be paid.

2 Answers | Asked in Personal Injury and Car Accidents for Oregon on
Q: I felt okay after my car accident a few weeks ago, so told

the police I didn't need to go get checked, but now I don't feel well - will the insurance company say it's not because of the accident and not cover it?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 31, 2018

They will certainly try, but it is also common to not feel the pain from the injuries right away.

View More Answers

2 Answers | Asked in Landlord - Tenant and Small Claims for Oregon on
Q: What can I file and serve my landlord for doing illegal things to protect me from an eviction?

Landlord goes through and steals my belongings and food while I'm gone. He takes rent payments but refuses to sign receipts. He demands things be done to cook for and clean up after him. He returned mail without notifying me, causing the loss of medical benefits and food stamps because he... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2018

You should contact a landlord-tenant attorney in your area to discuss potential defenses.

View More Answers

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: My 4-unit apt complex was sold. How much notice does new landlord have to give for rent increase or eviction?

I live in Portland, OR. Haven't heard from new landlord yet, even though previous one says the sale was official 8/14/18 (today is 8/23/18) and to NOT send September rent to her... We don't have new leases or anything, and no information about what happened to our deposits, etc. We are... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 23, 2018

Your lease and deposits simply are now under the new owner with the same terms and conditions as before. No new lease is required. If you are in the city limits of Portland (don't always believe the address) they have to give you 90 days notice on rent increases and the same as to any no cause... View More

View More Answers

3 Answers | Asked in Car Accidents and Personal Injury for Oregon on
Q: I was hit by a car while riding my bike. The driver was at fault. My question is, will the fact that I was on meth

Will me being on illegal drugs at the time of the accident ruin my personal injury case?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 20, 2018

If the other side knows about it, of course it will effect it. For one thing (DUII is not my area of practice) if one is convicted of DUII (which includes drugs and includes riding a bicycle) in an accident, you cannot recover anything in that accident for non-economic damages, i.e. pain and... View More

View More Answers

1 Answer | Asked in Employment Law for Oregon on
Q: The business had to move locations, I was promised to be paid while we were closed. It has been longer than anticipated

The lease was up at the building we worked out of, so we had to move with short notice. I work at a veterinary hospital. I was promised to be paid for the time I would have worked had we been open. In the beginning, it was supposed to be 2 weeks, but I have been off since June 25th with no info on... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 15, 2018

They said they would pay you, so I think you do have a case. However, BOLI may not get involved since you did not actually work. If there is no check tomorrow, text and see if you can corner them into getting the layoff notice so you can apply for unemployment.

1 Answer | Asked in Employment Law and Health Care Law for Oregon on
Q: I've been paying my work for healthcare. found out last week I haven't been covered since May. do I get a refund?

I worked for my company and then left, on good terms, for a new job. my company offered me a raise to come back so I did. part of the arrangement was that I wouldn't loose and of my health or vision insurance as I was only gone for 3 days. I called my insurance last week for questions about a... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 14, 2018

This would be an unlawful deduction, and you would be entitled to the refund and then some. Of course, if they are saying they still had to pay the insurance company, and let's say they did, then your employer is likely off the hook, but the health insurer has some explaining to do if they... View More

2 Answers | Asked in Landlord - Tenant for Oregon on
Q: Do I need to provide a move out date to receive relocation assistance?

I got a notice of a 70% rent increase from my landlord. I sent them a letter notifying them of my intent to vacate and requested relocation assistance. They are telling me that I have to provide a move out date prior to receiving the relocation assistance. Is that true? Everything I've read... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 11, 2018

I would say you are correct, as technically you can take the money and then stay, you then just have to pay it back later: "If, within 45 calendar days after a Tenant receives an Increase Notice indicating a Rent increase of 10 percent or more within a rolling 12:month period and a Tenant... View More

View More Answers

1 Answer | Asked in Contracts, Employment Law and Civil Rights for Oregon on
Q: Boss had me move to work for him. Gave me free rent. Worried he will fire me and won't have a place to live.

Lived in Portland OR when i got a call from a old boss basically begging me to come to Grant's Pass to help him with his business. He has a dispensary and a living quarters above it. He said I could live there for free while I work for him. I only agreed because I still have a lease in... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 8, 2018

Unfortunately, you have fewer protections as an employee in these situations: https://www.oregonlaws.org/ors/91.120

He could evict in 24 hours, or at least has to wait 24 hours before he files. Most courts take a couple weeks before you get to your first hearing, so you would have a little time.

1 Answer | Asked in Employment Law for Oregon on
Q: Hi, I worked a restaurant that utilized a tipping pool (initiated by the employer) for both credit card and cash tips..

As soon as I started employment, other employees were suspicious that the owner was stealing tips. I emailed the owner and asked for the records of how she accounted for our tips and she won't give me an answer. What can I do?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 7, 2018

Your best option is to find a new employer first, then go after the employer for the back wages.

1 Answer | Asked in Employment Law and Business Law for Oregon on
Q: I'm an hourly full time employee. Can an employer change your 8 hour work day to a 12 hour work day without notice?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 6, 2018

Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.

The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers:...
View More

1 Answer | Asked in Employment Law for Oregon on
Q: Can employer not pay employee for hours needed to finish a project that go over the boss's estimate of hours required?

I am an hourly employee in a design services firm. My employer bids competitively to provide professional services for projects, which are then assigned to employees with a target number of hours required for completing it based of a calculation of project fee / employees billable rate. Can an... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Aug 3, 2018

No, your employer owes you for this time, as any time worked needs to be paid. Now, they can discipline you for taking too long, as in put you on a performance plan or even fire you, but the time still has to be paid.

Sometimes, it is best to sit on this type of thing until you have a new...
View More

1 Answer | Asked in Employment Law for Oregon on
Q: can an employer suspend an employee without giving a time frame of the suspension

Was suspended for the day and told to wait for a phone call to discuss if going to be fired no phone call its been 48 hours with no time frame of suspension explained no return to work date and no fire date how long can they legally not tell me what is going to happen to me

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 27, 2018

Yes, they most certainly can. Employment is at will, and your recourse is to leave.

Now, if you think the suspension is due to some sort of protected activity or because you are in a protected class, then it may be wrongful.

1 Answer | Asked in Employment Law for Oregon on
Q: Oregon - Can the owner and supervisor take part in pooled tips, and I was paid under minimum wage..

I work for a locally owned restaurant/cafe in NE Oregon. During the day customers put tips in a jar on the counter and give debit tips, so we do tip pooling, involving everyone (front and back) working that day between 10am and 2pm, depending on how many hours you've worked you get a certain... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2018

Correct, owners and mangers are not allowed to be part of the tip pool. There appear to be substantial penalties your employer would owe you, and all the other employees.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: Oregon - my landlord texted me what he used my deposit for, instead of mailing or hand delivering it, is this legal?

2 extra days to move out @ $ 22 per day

$44

Plumber to remove toy from toilet $76.50

Labor to clean stove and fridge 3 hours @ $35 hour $105

Haul trash( items left in apartment)to dump one hour @$50 Pluss $15 dump fees

Clean apartment 4.5 hours @$35... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 25, 2018

No, not legal as to delivery. Has to be via first class mail or personal delivery. ORS 90.300(14)

1 Answer | Asked in Personal Injury for Oregon on
Q: If someone falls on a broken piece of a city sidewalk and is injured, can they sue the city to cover medical expenses?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 18, 2018

Many cities require the property owner to maintain the sidewalks, so it may be the homeowner's fault.

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: My friend lives in an apt and tomorrow will be the 4th inspection she has had this year, I told her it was excessive

But her LL says it can be done as much as they want to, any laws pertaining to this?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 12, 2018

There are not set limits. Here is the law: https://www.oregonlaws.org/ors/90.322

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: What is the legal time for return of deposit and last month's rent returned

In Bend, Oregon

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2018

Has to be in the mail within 31 days: https://www.oregonlaws.org/ors/90.300

1 Answer | Asked in Landlord - Tenant for Oregon on
Q: How to evict a commercial tenant who is now using the space as a resident. The building is in a commercial zone only.
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 7, 2018

Depending on what the lease says, and I would assume it has a provision related to this, send a notice of breach first or anything else the lease requires. Then, I would recommend at least talking to an attorney in your area about filing to evict them.

1 Answer | Asked in Employment Law for Oregon on
Q: Am I entitled to overtime pay if I worked for more than 40 total hours with more than one pay rate?

My employer says that because I am a "casual employee" I only get overtime on a per position basis. If I worked 44 hours doing one job and another 10 hours doing a different job I am only entitled to 4 hours of 1.5 time at the first pay rate. Should I fight them on this or leave it be?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 4, 2018

If you work more than 40 hours for an employer (doesn't matter if it is multiple job titles) in a week, you are entitled to overtime assuming you are not salaried.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.