NEWS RELEASE: Avakian files anti-retaliation commissioner’s complaint against flagging companies and their owner

[Burr, Charlie]

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For Immediate Release
February 9, 2016
CONTACT:           Charlie Burr, BOLI, (971) 673-0788

Avakian files anti-retaliation commissioner’s complaint against flagging companies and their owner
Agency previously secured more than $100,000 for Sellwood Bridge flaggers denied full wages

PORTLAND, OR— Labor Commissioner Brad Avakian has filed a commissioner’s complaint against Tri-Star Flagging, LLC, A D Traffic Control, LLC, and owner Evan Williams alleging retaliation, threats of physical violence, and other unlawful employment practices against employees who filed wage claims.

The complaint alleges that the flagging company owner Evan Williams terminated employees as retaliation for whistleblowing and prevented other employees from filing additional claims or complaints.

Previously, the agency recovered $104,000 in fringe benefit wages for 37 Tri-Star employees who worked as flaggers on the Sellwood Bridge project.

“It’s critical that workers are able to file wage claims with our agency free from retaliation and harassment,” said Labor Commissioner Avakian. “No employer has the right to fire or physically threaten workers for stepping forward during a BOLI investigation. Our agency has a duty to ensure strong enforcement of anti-retaliation protections so that workers can recover wages they’ve earned.”

Late last year, the agency sought to make owner Evan Williams ineligible to work on public projects for a period of three years. At that time, BOLI sought $94,000 in penalties for failing to fully pay workers on the bridge project, as well as intentionally filing inaccurate payroll records. That decision is pending.

Oregon law empowers the labor commissioner to file a complaint on behalf of the people of Oregon when the commissioner has reason to believe an unlawful practice – such as retaliation against whistleblowing – has occurred. The civil rights complaint is the eighth filed by Commissioner Avakian.

A previous commissioner’s complaint against Daimler Trucks North America resulted in a record $2.4 million civil rights settlement earlier this year, the largest in the agency’s history.
Workers can file a civil rights complaint if they believe that they are being retaliated against by contacting the Civil Rights Division at crdemail at boli.state.or.us<mailto:crdemail at boli.state.or.us> or by calling (971) 673-0764.
Copies of the commissioner’s complaint are public documents available on the agency’s website here<http://www.oregon.gov/boli/SiteAssets/pages/press/AD%20Traffic%20Commissioner%27s%20Complaint.pdf>.

Visit www.oregon.gov/BOLI<http://www.oregon.gov/BOLI> for more information about all of BOLI’s work to protect employment rights, advance employment opportunities, and protect access to housing and public accommodations free from discrimination.

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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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