Claim and Complaint Triage

Due to a large increase and a significant backlog of claims, the Bureau of Labor and Industries currently cannot investigate all claims and complaints.

As of October 2024, BOLI still has the following triage in effect:

WAGE CLAIMS

BOLI is not able at this time to investigate wage claims for individuals who make more than $25.34/hour or $52,710 per year. This does not apply to prevailing wage claims (work on a project that receives public funding).

CIVIL RIGHTS CLAIMS

BOLI is prioritizing complaints of certain unlawful conduct, individuals with claims outside of these may not have their case investigated.

IMPORTANT NOTICE: FILING WITH BOLI MAY SHORTEN YOUR TIMELINE FOR FILING IN COURT.

When BOLI closes cases where a complaint has been filed, it will issue a RIGHT-TO-SUE Notice stating that the Complainant has 90 days to file in court. When a case is investigated, this will occur within one year of the date the case was filed. Courts are divided about whether this notice can shorten a Complainant’s timeline to file in court, a timeline that ranges from one to five years. The safest option is to file within the 90 days set out by the RIGHT-TO-SUE Notice. Because BOLI may dismiss your claim quickly and quickly provide a RIGHT-TO-SUE Notice, you should carefully determine when to file your claim.

The cases that BOLI is prioritizing include:

Cases where the whistleblowing alleges violations within state government including fraud, gross waste of funds, or substantial and specific danger to public health or safety
Cases involving allegations by an apprentice.
Cases involving Domestic Violence/Harassment/Sexual Assault/ Stalking/Bias Leave, Discrimination, or Retaliation
Cases that include both a wage and civil rights claim
Cases where the violation is flagged as ongoing or the individual is still employed
Deferred Action of Labor Enforcement (DALE) cases
Cases where there is no private right of action/BOLI is only enforcement authority:

Leave of absence to donate bone marrow
Service as appointed member of state board or commission
Employee social media account privacy
Restriction on criminal conviction inquiries (“Ban the Box”)
Public accommodations – discriminatory notices
Refusing to accept currency/coins
Public accommodations – toilet facility access (although a Class D violation)
Public accommodations – closed captioning requirement
Discrimination because of employment status

Cases where no private right of action due to arbitration agreement
High level of egregiousness.
Respondents who have had multiple complaints filed against them (aka “frequent fliers”).
Enforcement priorities: RETALIATION (esp. for engaging in the BOLI process/filing a wage claim; OSHA retaliation; WC retaliation)
Housing cases
Impact cases/Ripple effect

The remaining cases are more likely to be dismissed without investigation, due to resource constraints.

FOR ALL CLAIMS

The following is a list of options for you to consider at this time:

For all claims, timelines are important and a failure to act within statutory deadlines may prevent you from making a claim. You should file any claim in civil court or small claims court promptly, some deadlines are as short as one year and most civil rights claims must be filed within two to five years. A list of statutes of limitations that may apply to your claim are compiled here: https://assets.osbplf.org/2022%20OSTL_Revised.pdf. Contact a lawyer to get specific advice on your situation.
If your claim is against a public body, generally you must also file a notice of tort claim within 180 days of the alleged loss or injury, consistent with the requirements set out in ORS 30.275. “Public body” is defined in ORS 30.260(4). Contact a lawyer to get advice on your specific situation
For claims under $10,000 you may be eligible to file in small claims court. The Oregon Judicial Department maintains the following instructions and forms: https://www.courts.oregon.gov/forms/Documents/SC-INSTR-plntf.pdf
BOLI maintains a list of attorneys who may be willing to take your case: https://www.oregon.gov/boli/about/pages/contact-us.aspx
In recognition of the challenges individuals may face while awaiting the resolution of their cases, BOLI has created a resource guide, offering information on legal aid, financial assistance programs, food aid, and various support services. https://www.oregon.gov/boli/about/Documents/Bureau%20of%20Labor%20and%20Industries%20Immediate%20Needs%20Resource%20Guide.pdf
When the agency closes your file based on lack of resources, there may not be records in your file to request through public records, other than what you provided to the agency.