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Oregon Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Oregon on
Q: Can an Oregon employer put a pay range on a job posting they cannot pay? (ie $17 to $25/hr but they can only pay $17)
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 21, 2019

Yes. Of course, you don't have to take the job if you were expecting more.

1 Answer | Asked in Employment Law, Communications Law and Federal Crimes for Oregon on
Q: Is it legal to have audio surveillance at a restaurant?

The restaurant I work at installed surveillance cameras a few months ago. I just found out it also has audio surveillance. We were not informed they could listen to us. Is that legal?

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 18, 2019

If everyone was told they were recording yes, otherwise it is illegal to recover conversations in Oregon without the consent of all parties, implied or otherwise.

1 Answer | Asked in Employment Law for Oregon on
Q: Can an employer write up an employee for complaining about hours being cut? Oregon Law please

My friend works for a fast food place. His hours are getting cut and he was told that if he complains about his hours being cut he will get written up for complaining. I didn't think this sounded legal, so I am checking. Can you please let me know if this is something he can get written up for.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Jan 3, 2019

If this is a chain that has enough employees to qualify for Oregon's new predictive scheduling law, and they violated that, then he could get compensation for the cut hours and go after them for retaliation as a whistleblower.

1 Answer | Asked in Employment Law for Oregon on
Q: Is this workplace retaliation?

I have been a temp employee for 3 years in oregon. I have a good hourly, and when I have work I work 32-38 hours a week. I found out a few months ago that I should have been getting paid sick time and access to a 401k, due to the fact that in jan of 2016 temporary employees in oregon are eligible... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 21, 2018

But, it does not sound like you asked for the sick time. As in, they found out and now need to reduce costs.

If someone did make a complaint to the state or the employer, and their hours were then cut, that gets the ball rolling as to retaliation.

Unlikely the 401(k) is going...
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1 Answer | Asked in Employment Law for Oregon on
Q: can I go after employer for back pay. I agreed to work for 6 month for 1/2 minim wage. 6 month ended and no pay increase

Trying to help save a friends failing business . I feel she has taken advantage of the situation and has lied to me. I dont want to make waves . I just want my back pay if possible.

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

Yes, you can. You can also hit them with various penalties so they will likely never do it again.

1 Answer | Asked in Employment Law for Oregon on
Q: Working at Oregon gas station worked 2 weeks no pay on weekly pay schedule call boss he said he fix it on Saturday

Came in Saturday no check got ahold of boss again and was told he’d have it today. If I don’t have my check today can I legally simply not show up to work until paid?

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

Legally you never have show up, as slavery is illegal. But, if you don't show up you risk being fired. The real issue is if this is your first check, as they have something like 35 days for that first one.

1 Answer | Asked in Employment Law for Oregon on
Q: would my situation be considered workplace harassment? Thank you.

In or last sales meeting, our manager had our staff stand up two by two in front of the rest of the staff, and have us critique the dress and appearance of each other in front of everybody to see if it conformed to our new dress code. The whole ordeal was demeaning, mortifying, and extremely... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Dec 1, 2018

Most likely not anything improper from a legal standpoint. Not great team building, but not illegal since nothing you say appears to make it based on a protected class.

1 Answer | Asked in Employment Law for Oregon on
Q: painting contractor refused to pay travel time despite 1-4 hrs of travel each day, would this be a valid claim?

My husband worked for this employer for almost 4 yrs before I discovered this was illegal, low calculations I figure this employer owes us about 10K and that is a very low estimate. He still employs several people and they still do not receive travel pay, even though the owner now knows this is... View More

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

For back pay you can go back six years, two or three if there is overtime. This does assume we are talking about travel time between sites, not commute time.

There would also be a penalty wage owed, plus he would have to pay attorneys fees if you have an attorney go after him. Well worth at...
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2 Answers | Asked in Business Law and Employment Law for Oregon on
Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

This is working with menially disabled adults. During the clocked out hours of 2200-0600 no pay is reserved. Is there a way for a company to work around laws that may prohibit such actions. What are the steps that should be taken if this is illegal.

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

While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

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1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for not doing duties I was told I wouldn't have to do when hired and it took a week to receive my pay check
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Oct 24, 2018

Unfortunately, there is nothing wrong legally with the termination. This is common, but legal.

With the paycheck item, you may have something. As in, I am assuming you mean your final paycheck took a week, which since you were fired meant it was due by the end of the next business day. I...
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1 Answer | Asked in Employment Law and Sexual Harassment for Oregon on
Q: How do I sue my former employer for multiple employment issues? Including sexual harassment, verbal abuse, and pay

The owner also took 20% of my tips every shift for over 3 years, refused to pay me more than minimum wage for my position as a manager and for being on call on my days off. I finally quit when I realized he was shorting my checks. Now he has threatened to sue me twice if I tell anyone about all of... View More

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

Depends on how much you are talking about. If it is under $10k, you can go to small claims court. More than that, file in regular circuit court. Of course, you would be better off using an attorney, as most do these types of cases on a contingency basis, meaning you only pay them if you win.

1 Answer | Asked in Employment Law for Oregon on
Q: is firing for sending a personal text to a friend legal? Invasion of privacy? Nothing was posted publicly.

i had a VP ask me questions about a manager, so i answered his questions honestly. After i answered him he went to the cio and told him what i said. The CIO told my manager that i gave her a less than glowing review so my manager immediately retaliated against me. Writing me up for offenses that... View More

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

Oregon is an at-will state, meaning they can fire you for basically any reason, or no reason at all. They cannot fire you because you are say black, gay, Jewish, etc., but almost any other reason such as you wore a blue shirt.

Now, if you text was discussing work conditions with a...
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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.

1 Answer | Asked in Employment Law and Civil Rights for Oregon on
Q: How can I file a tort claim myself after being fired for telling employer I'm going to see a cardiologist for my heart?

HR was already informed that I had to go to ER twice over rising blood pressure. I shared that I may have to go back to normal/initial job requirements before additional hours were added. I was told to come in and get FMLA paperwork and one hour later I was issued a formal dismissal via email... View More

Jeff Merrick
Jeff Merrick
answered on Aug 20, 2018

Your question raises several issues, including whether you have a "disability" and whether the employer had a duty to work with you to see if it could accommodate your disability.

If you want to chat, feel free to call.

Jeff Merrick

503-665-4234

https://www.oregonlitigationattorney.com

1 Answer | Asked in Employment Law for Oregon on
Q: I was fired for attendance but other employees have no called no-showed and show up late every single day still employed

Employed for 7 years no write ups or Warnings entire time until 3 days prior given written and verbal warning at same time for same effects

Jeff Merrick
Jeff Merrick
answered on Aug 20, 2018

The big question is WHY is the employer treating you differently?

If the reason is illegal, then you have a case. Illegal reasons include, race, gender, retaliation for certain activities, etc.

If you want to chat, feel free to call

Jeff Merrick...
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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

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:...
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