Claim and Complaint Triage

Due to a large increase and a significant backlog of claims, the Bureau of Labor and Industries currently does not have the resources to 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.

You are not required to file with BOLI before filing most claims in state court.  You may need to file with BOLI and/or the federal Equal Employment Opportunity Commission (EEOC) to obtain something called a “Right-to-Sue” notice to bring federal claims and certain state court claims.  When BOLI closes a case after a complaint has been filed, BOLI will issue a 90-day Notice stating that the Complainant only has 90 days to file a lawsuit in court. Courts are divided about whether this notice shortens a Complainant’s timeline to then file claims in state court, a timeline that otherwise ranges from one to five years, depending on the claim.  In other words, receiving a 90-day Notice from BOLI may shorten your timeline to file in state court to 90 days instead of one to five years. The safest option is to file within the 90 days set out by the Notice.  Because BOLI may dismiss your claim quickly and quickly provide a 90-day Notice, you should carefully determine when to file your claim. The one to five year timeline will not be shortened if you do not file with BOLI. BOLI cannot provide legal advice; contact an attorney to get advice on your specific situation.
The cases that BOLI is prioritizing include:

Cases where the whistleblowing alleges violations by a public or non-profit employer including fraud, gross waste of funds, or substantial and specific danger to public health or safety
Cases involving allegations by an apprentice referred from the Apprenticeship Division.
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
Public accommodations – closed captioning requirement
Discrimination because of employment status

Cases where no private right of action due to arbitration agreement
EEOC cases
Respondents who have had multiple complaints filed against them (aka “frequent fliers”); high level of egregiousness; impact cases.
Retaliation (for engaging in the BOLI process/filing a wage claim; OSHA retaliation; Workers’ Compensation retaliation)
Housing cases

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

FOR ALL CLAIMS

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

For all claims, timelines are important and a failure to act within legal deadlines may prevent you from making a claim in court. You should file any claim in civil court or small claims court promptly - some deadlines are as short as 90 days;most wage claims must be filed within two to six years; most civil rights claims must be filed within one to five years. A list of time limits that may apply to your claim is available here: https://assets.osbplf.org/2022%20OSTL_Revised.pdf. Contact a lawyer to get advice on your specific situation
.
If your claim is against a “public body” (such as a state or local government agency) generally you must also give a special kind of notice to that agency, called a notice of tort claim. This must generally be done within 180 days of the alleged harm you suffered. The law requiring this notice is 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 able 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 claims: https://www.oregon.gov/boli/about/pages/contact-us.aspx
Many individuals face challenges 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.