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Oregon Employment Law Questions & Answers
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:...
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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...
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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 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.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: Can i be disciplined at work for not reporting an injury for 18 hrs because there was no sign of injury till then?

I wasnt told i was being written up till immediately after asking for form 801 for workers comp

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jul 2, 2018

Technically yes, but I personally would caution against it if the employer was my client as it could be seen as retaliation/discrimination for filing the claim.

1 Answer | Asked in Employment Discrimination and Employment Law for Oregon on
Q: My employer has a drug testing policy stating immediately drug test for on the job injuries, is this ok?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jun 30, 2018

Yes it is: https://www.oregon.gov/boli/TA/pages/t_faq_drugtesting.aspx

1 Answer | Asked in Employment Law for Oregon on
Q: Can a minor that is under 14 work in Oregon?

I'm a minor that is 13 in Oregon, I want to work at a paintball business that has offered to hire me. How should I go about this? Is it possible to apply for an exemption in child labor laws?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on May 19, 2018

You can't, you have to be 14: http://www.oregon.gov/BOLI/WHD/CLU/Pages/W_CLU_Taminors.aspx

There are a few exceptions, but none would apply to what you describe.

1 Answer | Asked in Employment Law and Employment Discrimination for Oregon on
Q: When filing for OR UI, does it halt/preclude my possible pursuit of a discrimination/harassment suit?

Or can one file for UI and also pursue with BOLI or EEOC?

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

They are not connected. You can file and pursue both.

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on
Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... View More

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

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

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1 Answer | Asked in Employment Law for Oregon on
Q: Are you supposed to be giving written information regarding a suspension?

I was suspended from work on 5/4 over the phone from my employer due to investigation. I had been out for a week on pto. I have not received any notifications from my employer about being suspended or if I’m suspended with our without pay. It has now been a week since the suspension and still... View More

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

No, there is no law in regards to suspensions.

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Real Estate Law for Oregon on
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me

my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More

Joanne Reisman
Joanne Reisman
answered on Apr 22, 2018

You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More

1 Answer | Asked in Employment Law for Oregon on
Q: I called out from work (never before) and was asked to provide doctor note. Am I entitled to co-pay reimbursement?

This is the only time I have called out at this employer in my 4 months working there. I have the right to take sick leave because of FMLA in Oregon. My research implies that a sick note is not required until 3 consecutive callouts or suspision of abusing FMLA but this is my only time ever calling... View More

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

Yes, they would have to pay for that cost:

" (2) The employer shall pay any reasonable costs for providing medical verification or certification required under this section, including lost wages, that are not paid under a health benefit plan in which the employee is enrolled." ORS 653.626

1 Answer | Asked in Personal Injury and Employment Law for Oregon on
Q: Can I sue after a year for emotional distress if I was abused at a job and management did nothing? Lead to assault

Was abused and harassed by supervisor for 6mths reported it. She assaulted me. I lost my job

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 19, 2018

Most employment law claims have a one-year statute of limitations, so you may be too late. Further, it depends on what the harassment was about, as it has to be related to you being in a protected class.

That said, you could use the harassment against your employer to sue them for the...
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1 Answer | Asked in Employment Law for Oregon on
Q: Is it legal for an employer to convert a salaried exempt employee to hourly for the duration of grand jury service?

(the grand jury service is ~10-20hrs per week for one month; anticipating ~25-35 possible work hours/week)

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

I have not really dealt with this before, but based on the law concerning jury duty and employers (https://www.oregonlaws.org/ors/10.090) it would appear to be legal.

1 Answer | Asked in Employment Law, Communications Law and Internet Law for Oregon on
Q: With regard to Or. Rev. Stat. § 659.805 does this only pertain to previous employees or any applicant?

I'm a member of a Facebook group intended to connect job seekers and job providers and some recruiters are discussing creating a blacklist and this seems illegal at worst and just a petty move at best. The statute specifically states previously discharged employees, but can this be applied to... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Apr 5, 2018

I would say it likely does not apply to your situation.

1 Answer | Asked in Employment Law for Oregon on
Q: How long does can an employer not pay an hourly employee? I am supposed to be paid monthly.

I work part time as a yoga teacher. I (& most of the other teachers) haven't been paid since the end of December 2017. I am still employed there. Clear answers are not given when I ask when I will get a check. It's not uncommon to receive late and unfunded checks.

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

This sort of depends on if you are an employee or an independent contractor. As an employee, the paycheck have to be 35 days or less apart. Their delay means you could hit them with penalties. However, it sounds like they are not financially sound if this has been a problem for some time and past... View More

1 Answer | Asked in Employment Law and Elder Law for Oregon on
Q: I am a care giver and want to quite. They threatening to turn me in foe abandonment. Can they do that?

I work for an in home care giving company and would like to quite now. They told me I have to give at least a two weeks notice or they will turn me in for abandonment. Can they really charge me for that or are they just trying to scare me so that I stay longer?

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

Oregon is an at-will state, so people are free to quit assuming you do not have a contract for a specific term.

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