The Bureau of Labor and Industries holds contested case hearings and issues final orders.
The Commissioner issues Final Orders that interpret and apply the many statutes and administrative rules enforced by this agency. Find recent and historical final orders below on this page.
Recent final orders
Select a case to reveal more information.
- Case number
- 67-20
- Hyperlink
- Garden Resort, LLC
- Date
- 2/22/2024
- Description
The forum concluded that Respondent unlawfully discriminated and retaliated against Complainant in violation of ORS 653.641(2) and OAR 839-007-0065(1)(b),(c),(e) and (3) when it required him to present a doctor’s note showing that he was fit to return to work and sent him home after he took sick time. Complainant was awarded $12,000 in emotional distress damages for that violation. The forum dismissed charges that Respondent discriminated and retaliated against Complaint in violation of ORS 659A.030(1)(b), OAR 839-005-0010(1)(a)(b)(c)(d)(A), (B)(i)(l); OAR 839-005-0010(4)(a)(A)(B)(C), (b); ORS 659A.030(1)(f); OAR 839-005-0125(1)-(3) and OAR 839-005-0010(1)(a)(b)(c)(d)(A).
- Cite
- 40 BOLI 2 (2024)
- Case number
- 37-16
- Hyperlink
- Frehoo, Inc. dba Stars Cabaret & Steak House (Amended)
- Date
- 1/25/2024
- Description
The Agency established by a preponderance of the evidence that that Respondent Frehoo, Inc. (“Frehoo"), an adult entertainment club featuring nude female dancers, subjected a 15-year-old female dancer to unlawful sexual harassment by Frehoo's customers in violation of ORS 659A.030(1)(b) and OAR 839-005-0030(5), (7). The forum also concluded that Respondents Jon Herkenrath and Todd Mitchell aided and abetted the unlawful sexual harassment. ORS 659A.030(1)(g). Respondents Pamela Colburn, Lisa Heinzman-Myers, Randy Kaiser, and Jeff Struhar are not liable as aiders and abettors. The forum awarded the aggrieved person $1,000,000 in compensatory damages for the mental and physical suffering she experienced as a result of the unlawful conduct. The forum also ordered Respondents Frehoo, Herkenrath, and Mitchell to cease and desist from continuing to violate laws pertaining to discrimination because of sex and sexual harassment in the workplace. ORS 659A.050(2), (4).
- Cite
- 39 BOLI 197 (2024)
- Case number
- 02-20
- Hyperlink
- The Royal Clothiers
- Date
- 12/8/2023
- Description
The forum concluded that Respondents violated ORS 659A.030(1)(f), ORS 659A.199(1), and OAR 839-005-0125(1)-(3) and OAR 839-010-0100(1) when they terminated the Complainant because of her protected whistleblower activities. The forum awarded Complainant $3,490 in lost wages and $10,000 in emotional and mental suffering damages.
- Cite
- 39 BOLI 183 (2023)
- Case number
- 17-21
- Hyperlink
- Henkels & McCoy, Inc.
- Date
- 10/12/2023
- Description
The Formal Charges alleged that Respondent discriminated against and terminated Complainant because he made reports of a violation of state or federal law, rule or regulation, in violation of ORS 659A.199(1) and OAR 839-010-0100(1). The forum concluded that the Agency failed to prove the alleged violations by a preponderance of the evidence and dismissed all charges.
- Cite
- 39 BOLI 148 (2023)
- Case number
- 57-22
- Hyperlink
- Your House
- Date
- 6/20/2023
- Description
The forum concluded that Respondent violated ORS 659A.030(1)(f) and OAR 839-006-0125(1), (2), and (3) by retaliating against Complainant for opposing an unlawful practice. The forum further concluded that Respondent violated ORS 659A.199(1) and OAR 839-010-0100(1) by retaliating against Complainant because she had in good faith reported information she believed was evidence of a violation of a state or federal law, rule, or regulation. The forum awarded Complainant $14,400 in lost wages and $60,000 in damage for mental and emotional distress.
- Cite
- 39 BOLI 134 (2023)
- Case number
- 61-18
- Hyperlink
- Knockers Strip Club
- Date
- 5/16/2023
- Description
The Amended Formal Charges alleged that Respondents violated ORS 659A.030(1)(b), OAR 839-005-0010(1)(a)(b)(c)(d)(A), (B)(i)(l) and OAR 839-005-0010(4)(a)(A)(B)(C) (b) by subjecting Complainant to different terms and conditions of employment, and harassed her because or her race. The Agency also alleged that Respondents Ostermiller and Williams aided or abetted the unlawful actions under ORS 659A.030(1)(g). After a hearing on the merits, the forum concluded that the Agency failed to prove the alleged violations by a preponderance of the evidence and dismissed all charges against Respondents.
- Cite
- 39 BOLI 108 (2023)
- Case number
- 53-21
- Hyperlink
- Dev's Burgers
- Date
- 5/11/2023
- Description
The Agency established by a preponderance of the evidence that Respondent Ramarjundev, LLC dba Dev’s Burgers subjected Complainant to unlawful sexual harassment from a non-employee and retaliated against Complainant in violation of ORS 659A.030(1)(b),(f), ORS 659A.199(1), OAR 839-005-0010(1),(4), OAR 839-005-0125(2)(a)(A), OAR 839-005-0030(7) and OAR 839-005-0100(1). The forum also concluded that Respondent Rakesh Sharma aided or abetted the unlawful sexual harassment and retaliation. ORS 659A.030(1)(g). The forum awarded Complainant $9,693 in lost wages and $100,000 in compensatory damages for the mental and emotional distress she experienced as a result of the unlawful conduct. The forum also ordered Respondents to undergo training on preventing sexual discrimination in the workplace. ORS 659A.050(2), (4).
- Cite
- 39 BOLI 88 (2023)
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