From charlie.burr at state.or.us Wed Dec 2 09:32:56 2015
From: charlie.burr at state.or.us (Burr, Charlie)
Date: Wed, 2 Dec 2015 17:32:56 +0000
Subject: NEWS RELEASE: Adult foster care home violated civil rights of
whistleblower
Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFCF84A@D5DAG1B.D5.USA.NET>
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For Immediate Release
December 2, 2015
CONTACT: Charlie Burr, BOLI, (971) 673-0788
BOLI Final Order: Adult foster care home violated civil rights of whistleblower
Former employee of Blue Gryphon prevails in retaliation ruling
PORTLAND, OR-A Lane County adult care home, Blue Gryphon LLC, unlawfully retaliated against an employee who reported an inadequate food supply for residents, the Bureau of Labor and Industries (BOLI) announced today.
After making a good faith complaint of a food shortage at the facility, Lewis Garchow was suspended then fired by the facility's owner, Flora Turnbull.
"No one should have to fear for their job because of reporting neglect or abuse," said Labor Commissioner Brad Avakian. "It's critical that whistleblowers are free to raise safety concerns on behalf of vulnerable foster care residents."
The agency has awarded Garchow $1620 in back pay and $20,000 for emotional distress damages.
The facility, now closed, operated a mental health foster home caring for residents diagnosed with severe and persistent illness. Prior to 2013, the facility set a monthly food budget of $1200 for its five residents, but reduced the amount to $800 as expenses tightened.
In March 2013, Garchow expressed concern to a visiting nurse that there was not enough food for residents for the weekend. The nurse reminded the employee that both were "mandatory reporters" with a duty to report neglect.
After the visit, the nurse reported Blue Gryphon to several state agencies and Lane County Protective Services. Garchow also contacted Lane County Protective Services about lack of food.
Prior to his discharge, Garchow had never been disciplined or written up by the owner. During the contested case hearing, Garchow testified that he had developed strong relationships with the residents and that it was difficult for him not to see them or be able to say goodbye.
The termination presented a financial hardship for Garchow, who both fell behind on his rent and lost his car during his months-long search for a new job.
Both the full Blue Gryphon Final Order and additional information about BOLI's efforts to protect the civil rights of Oregonians can be found on the agency's website at http://www.oregon.gov/BOLI.
###
Charlie Burr
Communications Director
Oregon Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland, Oregon 97232
Tel: 971-673-0788
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From charlie.burr at state.or.us Thu Dec 10 11:21:04 2015
From: charlie.burr at state.or.us (Burr, Charlie)
Date: Thu, 10 Dec 2015 19:21:04 +0000
Subject: NEWS RELEASE: BOLI announces sick time-related seminars for employers
Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFD01B7@D5DAG1B.D5.USA.NET>
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For Immediate Release
December 10, 2015
CONTACT: Paloma Sparks at (971) 673-0841 or Charlie Burr, (971) 673-0788
BOLI announces sick time related seminars for employers
Seminars planned for Metro areas, Central, Southern and Eastern Oregon
PORTLAND, OR-The Bureau of Labor and Industries (BOLI) will hold a series of sick time-related seminars starting in December so that employers can learn about Oregon's new requirements set to take effect next year, the agency announced today.
Passed by the 2015 Oregon Legislature, SB 454 expands access to sick time for hundreds of thousands of workers who currently do not have access to any paid time off when they're ill or caring for a sick child or spouse.
Compliance experts will hold the first seminar in December, followed by a series of statewide seminars in early 2016.
"Oregon's new sick time law will strengthen the health and economic security of thousands of working families around the state," said Labor Commissioner Brad Avakian. "We're committed to implementing the law in a way that works for employers and employees alike and hope that these seminars will prepare workplaces around the state for the new protections."
Sick leave seminar 1: Portland
Date: Friday, December 18
Time: 1:30 p.m. to 3:30 p.m.
Location: Portland State Office Building, 800 NE Oregon, Room 1B, Portland (in the Lloyd District)
Registration for the December seminar is closed, but additional seminars from January to March will help employers navigate Oregon's new protections. To reserve a spot, employers can email the agency at bolita at boli.state.or.us<mailto:bolita at boli.state.or.us>. Attendance at each is $25.
Sick leave seminars, 2016:
January
January 6 Portland 9:00 a.m. to 11:00 a.m.
1:30 a.m. to 3:30 p.m.
January 20 Eugene 9:30 a.m. to 11:30 a.m.
1:00 p.m. to 3:00 p.m.
January 21 Medford 9:30 a.m. to 11:30 a.m.
1:00 a.m. to 3:00 p.m.
January 22 Roseburg 9:30 a.m. to 11:30 a.m.
February
February 8 Coos Bay 9:30 a.m. to 11:30 a.m.
February 9 Florence 9:30 a.m. to 11:30 a.m.
February 10 Lincoln City 9:30 a.m. to 11:30 a.m.
February 11 Tillamook 9:30 a.m. to 11:30 a.m.
February 12 Astoria 9:30 a.m. to 11:30 a.m.
February 22 Portland 9:00 a.m. to 11:00 a.m.
February 23 Ashland 2:00 p.m. to 4:00 p.m.
February 23 Grants Pass 9:00 a.m. to 11:00 a.m.
February 24 Klamath Falls 10:00 a.m. to 12:00 p.m.
February 25 Bend 9:30 a.m. to 11:30 a.m.
1:00 p.m. to 3:00 p.m.
February 29 Ontario 9:30 a.m. to 11:30 a.m.
March
March 1 Baker City 9:00 a.m. to 11:00 a.m.
March 2 Enterprise 9:00 a.m. to 11:00 a.m.
March 2 La Grande 2:00 p.m. to 4:00 p.m.
March 3 Pendleton 9:30 a.m. to 11:30 a.m.
March 4 The Dalles 9:30 a.m. to 11:30 a.m.
March 10 Portland 1:30 p.m. to 3:30 p.m.
March 16 Eugene 9:30 a.m. to 11:30 a.m.
(Registration is open while locations are being secured and finalized. Interested employers can visit the agency's Technical Assistance for Employers website here<http://www.oregon.gov/BOLI/TA/pages/index.aspx>.)
Final rules for Oregon leave can be found online here<http://www.oregon.gov/boli/TA/docs/2015%20Sick%20Time%20Rules.pdf>. Additional fact sheets, sample sick time accrual notice templates, sick leave notice posters for employees (that, while not mandatory, can satisfy notice requirements), and other resources are also available<http://www.oregon.gov/BOLI/TA/pages/index.aspx> from the agency's Technical Assistance for Employers Program.
A diverse advisory committee comprised of employers, labor organizations, legislators, agricultural and farm sector representatives, and family policy advocates assisted BOLI in the rulemaking process.
Employers can contact the agency with sick time or other employment questions at (971) 673-0824.
###
Charlie Burr
Communications Director
Oregon Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland, Oregon 97232
Tel: 971-673-0788
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From charlie.burr at state.or.us Tue Dec 22 12:27:55 2015
From: charlie.burr at state.or.us (Burr, Charlie)
Date: Tue, 22 Dec 2015 20:27:55 +0000
Subject: NEWS RELEASE: BOLI finds evidence of unlawful retaliation in
Cornerstone Janitorial whistleblower investigation
Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFD12A3@D5DAG1B.D5.USA.NET>
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For Immediate Release
December 22, 2015
CONTACT: Charlie Burr, BOLI, (971) 673-0788
BOLI finds evidence of unlawful retaliation in Cornerstone Janitorial whistleblower investigation
Agency previously directed nearly $200,000 in unpaid wages to workers of the company
PORTLAND, OR-Cornerstone Janitorial unlawfully retaliated against a worker who filed a worker's compensation claim and cooperated with a prevailing wage investigation, a Bureau of Labor and Industries (BOLI) investigation has found.
The civil rights case will now move toward conciliation to see if the parties can reach a settlement. If a settlement cannot be reached, the agency may bring formal charges based on the civil rights investigation's findings.
The agency's Wage and Hour Division previously directed nearly $200,000 to 46 Cornerstone employees working on five taxpayer-funded projects in Portland, Eugene, Stayton, Junction City and Salem. The complainant in the civil rights case was part of the group of workers claiming to be underpaid for work performed.
In August 2014, a long-term employee of Cornerstone Janitorial, Jose Tandy Vargas, sustained an on-the-job injury while working on a project at Portland Community College. Shortly after, Vargas filed a worker's compensation claim, including completing a form that included information on his hourly wages.
Around the time of the injury, the prime contractor, Hoffman Construction, discovered that Cornerstone might not be paying employees - including Vargas - the contractually obligated prevailing wage rate. Hoffman then initiated an internal investigation and filed a formal prevailing wage rate complaint with BOLI.
In late October, Cornerstone terminated Vargas, despite his reputation as "an exemplary employee."
Under Oregon law, whistleblowing is a protected activity.
Employees with prevailing wage issues may contact the Prevailing Wage Rate Unit by calling (971) 673-0839 or emailing pwremail at boli.state.or.us<mailto:pwremail at boli.state.or.us>. Workers facing retaliation can contact the agency's Civil Rights Division at (971) 673-0764 or crdemail at boli.state.or.us<mailto:crdemail at boli.state.or.us>.
Copies of the original complaint are available upon request.
###
Charlie Burr
Communications Director
Oregon Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland, Oregon 97232
Tel: 971-673-0788
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From charlie.burr at state.or.us Wed Dec 30 08:34:40 2015
From: charlie.burr at state.or.us (Burr, Charlie)
Date: Wed, 30 Dec 2015 16:34:40 +0000
Subject: NEWS RELEASE: Avakian announces major wage settlement that will
direct $2.5 million to 325 workers
Message-ID: <6376A41CAD6C3E4F8A65385BDA4072616DFD2C9D@D5DAG1B.D5.USA.NET>
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For Immediate Release
December 30, 2015
CONTACT: Charlie Burr, BOLI, (971) 673-0788
Avakian announces major wage settlement that will direct $2.5 million to 325 workers
Agreement represents the largest wage collection in agency's history
PORTLAND, OR-Oregon Labor Commissioner Brad Avakian today announced a major $2.5 million wage settlement for 325 employees who worked on a public works project for Southern Oregon University (SOU) comprised of a dining hall and two student residences.
The agreement represents the largest wage settlement in the agency's history.
"This settlement is a result of an extensive, multi-year effort by our Prevailing Wage Rate Unit to ensure that these workers receive every dollar they've earned," said Labor Commissioner Brad Avakian. "Our agency is committed to strong and fair enforcement so that employees on public projects are paid the full wages owed under Oregon law."
Under terms of the agreement, the university has directed an initial $1,508,542.88 to BOLI on behalf of 179 workers. The agency mailed payments to these workers today.
For the remaining 146 workers - collectively owed around $1 million - BOLI will contact each worker to secure individual releases of claims so that the agency can collect and distribute the additional payments. The agency anticipates that all additional workers will receive payment by May.
A copy of the settlement agreement is available here<http://www.oregon.gov/boli/SiteAssets/pages/press/SOU%20Settlement%20Agreement.pdf>.
Starting in late 2013, BOLI's Wage and Hour Division initiated a series of prevailing wage audits after questions arose about the SOU project during a separate investigation.
The prevailing wage inquiry - comprised of 80 audits - determined that 44 contractors and subcontractors on the project owed $2,569,387 to workers on the project.
Investigators first sent wage demands for alleged unpaid prevailing wages on or around December 23, 2014. Prior to the $2.5 million settlement, the agency secured about $52,000 in wage payments.
Construction of the residence halls and dining hall began in 2012, with all three buildings completed in the first week of September 2013. The buildings replace the Cascade Complex, a single structure with residence halls and a common dining area. The same architect and general contractor performed work on the project, with most first-tier subcontractors working on all three buildings. In addition, investigators found that the university administered the construction as a single project.
The agreement releases SOU and other parties from future wage claims stemming from the project while admitting no wrongdoing or liability on the disputed wages.
Any public contracting agency, contractor or subcontractor can contact BOLI's Prevailing Wage Rate Unit to request a determination<http://www.oregon.gov/boli/WHD/PWR/docs/pwr_coverage_guidelines.pdf> about whether a project is a public works that requires payment of prevailing wage rates.
In April 2012, the prevailing wage rates in Jackson County required that workers on public projects earn the following rates:
Occupation
Oregon Rate/Fringe
Carpenter (Grp 1&2)
$28.45/$10.48
Electrician
$29.78/$14.44
Laborer
$24.25/$10.01
Painter
$20.37/$6.54
Plumber
$36.69/$21.14
Roofer
$22.25/$7.46
Tender to Mason Trades
$25.45/$11.39
(Source: 2012 Prevailing Wage Rate Book, Jackson and Josephine Counties<http://www.oregon.gov/boli/WHD/PWR/jan20121/reg_8.pdf>)
The outcome represents the second record-setting settlement for the agency in 2015. In January, the agency reached a $2.4 million settlement with Daimler Trucks North America, the largest civil rights settlement in BOLI history<http://www.oregon.gov/boli/SiteAssets/pages/press/1%2029%2015%20Avakian%20announces%20settlement%20in%20Daimler%20racial%20discrimination%20cases.pdf>.
Employees or construction contractors with prevailing wage issues may contact the Prevailing Wage Rate Unit by calling (971) 673-0839 or emailing pwremail at boli.state.or.us<mailto:pwremail at boli.state.or.us>.
###
Charlie Burr
Communications Director
Oregon Bureau of Labor and Industries
800 NE Oregon Street, Suite 1045
Portland, Oregon 97232
Tel: 971-673-0788
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