NEWS RELEASE: Da Yang Seafood to pay $60K in civil penalties under BOLI Consent Order

[Burr, Charlie]

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For Immediate Release
March 17, 2017
CONTACT:           Charlie Burr, BOLI, (971) 673-0788

Da Yang Seafood to pay $60K in civil penalties under BOLI Consent Order
Wage and hour investigation uncovers more than 1,600 violations at seafood processing facility

PORTLAND, OR-Da Yang Seafood of Astoria will pay $60,000 in civil penalties for meal and rest period and overtime violations, the Bureau of Labor and Industries (BOLI) announced today.

BOLI initiated an investigation into potential wage and hour violations after receiving employee complaints in August and September of 2015. Wage and hour compliance specialists later determined that between August 16, 2015 and October 10, 2015, Da Yang failed to provide meal periods to 146 employees on 1,393 occasions.

In addition, Da Yang failed to provide rest periods to 77 employees on 213 occasions and failed to abide by maximum hour requirements for manufacturing establishments on 40 occasions in that one or more of the business's employees worked in excess of 13 hours in violation of the law.

"Oregon's wage and hour protections help ensure the health and safety of our workforce," said Labor Commissioner Brad Avakian. "We're committed to strong enforcement of worker protections so that employees are treated fairly and other law-abiding businesses have a level playing field on which to compete."

Da Yang will make six monthly payments of $10,000 starting later this month. Under terms of the Consent Order, the agency will suspend $24,000 in additional civil penalties contingent upon Da Yang's compliance with Oregon wage and hour laws for a period of three years.

Both the complaints and Final Order Incorporating Informal Disposition (FOID) are available upon request.  By signing the Consent Order, Da Yang Seafood waives their right to a contested case hearing.

Following the Da Yang investigation, BOLI's newly-formed Proactive Investigation and Enforcement Unit (PIE unit) conducted a series of compliance audits of seafood processing facilities to ensure compliance with wage and hour laws.

Employees with wage and hour claims or complaints may contact the Wage and Hour Division at (971) 673-0844 or via email at whdemail at boli.state.or.us<mailto:whdemail at boli.state.or.us>. Employers seeking compliance guidance may contact the agency's Technical Assistance for Employers hotline at (971) 673-0824. For more information about BOLI's effort to support employers and protect workers, please visit the agency's website at oregon.gov/BOLI/Pages.

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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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