FOR IMMEDIATE RELEASE: Labor Commissioner Brad Avakian files civil rights complaint against K&O Contracting LLC

[Burr, Charlie]

[Description: Description: BOLI logo]

Commissioner Brad Avakian
Bureau of Labor and Industries



Press Release
For Immediate Release
January 17, 2013
CONTACT: Charlie Burr, (971) 673-0788 wk., (503) 913-5407 mobile

Labor Commissioner Brad Avakian files civil rights complaint against K&O Contracting LLC
BOLI will investigate allegations of retaliation against wage and hour whistleblowers

PORTLAND-State Labor Commissioner Brad Avakian has filed a commissioner's complaint against K&O Contracting LLC (originally KO Construction LLC) of Aloha alleging the likelihood of unlawful retaliation against several workers cooperating with the Bureau of Labor and Industries (BOLI) and the United States Department of Labor (USDOL) during a separate wage and hour dispute.

An earlier complaint with BOLI's Wage and Hour Division in March 2012 alleged misclassification of workers as carpenters rather than sheet workers under Oregon's prevailing wage laws. As part of the wage and hour complaint, BOLI and USDOL investigators interviewed approximately 14 workers about potential violations.

Allegations of whistleblower retaliation contained in the just-filed commissioner's complaint include:

*         Reduction of hours

*         Suspension from job site for a week without pay

*         False and malicious rumors about an employee

*         Failure to rehire a returning workers who was previously promised a position

*         Removal from projects

"No Oregon worker should have to fear retaliation for cooperating with a wage and hour investigation," said Commissioner Avakian. "These are serious allegations. I've directed the state Civil Rights Division to investigate whether there's substantial evidence of unlawful activity."

A K&O Contracting employee allegedly would not cooperate with the investigation because of fear of termination and eviction from a company-provided apartment.

Oregon law authorizes the Labor Commissioner to file a complaint on behalf of the state when he has reason to believe that violations of civil rights law are occurring. This power is especially important in whistleblowing cases in which workers fear retaliation and punishment for asserting their rights. After gathering and reviewing information, an investigator from BOLI's Civil Rights Division will determine whether there is substantial evidence of one or more violations of the law.

A commissioner's complaint does not limit or preclude private legal action by current or former employees.  After gathering and reviewing information, an investigator from BOLI's Civil Rights Division will determine whether there is substantial evidence of one or more violations of the law.

BOLI protects all Oregonians from unlawful discrimination, investigating allegations of civil rights violations in workplaces, career schools, housing and public accommodations, and enforces compliance with state laws relating to wages, hours, and terms and conditions of employment. The labor commissioner can issue cease and desist orders, award both economic and non-economic damages and assess civil penalties for violations of civil rights law.


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The mission of the Bureau of Labor and Industries is to protect employment rights, advance employment opportunities, and protect access to housing and public accommodations free from discrimination.


Charlie Burr
Communications Director
[Description: BOLI_logo_signature]
Direct: 971-673-0788
Cell: 503-913-5407
Charlie.Burr at state.or.us<mailto:Charlie.Burr at state.or.us>
www.oregon.gov/BOLI/<http://www.oregon.gov/BOLI/>

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