ors 652.355 – Discrimination for Discussing Wages

Where plaintiff remained on state payroll while on leave from state after assuming full-time duties as president of union and union reimbursed state for state’s pay­ments to plaintiff, state was paying plaintiff for rendering per­sonal services to union and state was not plaintiff’s employer under ORS 652.310 (Definitions of employer and

(1) A person operating a commercial establishment where food is cooked and served who holds a full on-premises sales license issued under ORS 471.175 (Full on-premises sales license) is liable for all valid wage claims of individuals employed in the kitchen facilities and dining space of such establishment who are not employed by such person

Wage and Hour Division: ORS 279C.800 to ORS 279C.870 Prevailing Wage Rate. Determines and enforces the payment of prevailing wage rates on public works contracts.

839-010-0000 Purpose and Scope (1) The Civil Rights Division of the Oregon Bureau of Labor and Industries enforces the provisions of ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233 and OL Ch 519, Sec.7 2013, prohibiting discrimination based on whistleblowing disclosures or activities that are described in the statutes.

ORS Chapter 652 652.355 Prohibition of discrimination because of wage claim; remedy. OR Rev Stat § 652.355 (through Leg Sess 2011) What’s This? (1) An employer may not discharge or in any other manner discriminate against an employee because:

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provisions of ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233 and S.B. 148, 77th Leg., Reg. Session (Or. 2013), prohibiting discrimination based on whistleblowing disclosures or activities that are described in the statutes. These rules apply to all such complaints and inquiries received on or after the effective date of these rules.

For example, ORS 652.355 provides, in part, that “(1) An employer may not discharge or in any other manner discriminate against an employee because: (a) The employee has made a wage claim or discussed, inquired about or consulted an attorney or agency about a wage claim .” In Goins v.

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(a) Notwithstanding ORS 653.020, pay the domestic worker an overtime wage at a rate of one and one-half times the worker’s base rate for hours worked in excess of 40 hours in a workweek, or in excess of 44 hours in a workweek if the domestic worker lives in the home of the employer. Enrolled Senate Bill 552 (SB 552-A) Page 1

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In violation of ORS 652.355(1)(a) and 659A.355(1)(a), defendants retaliated against Plaintiff by firing him and refusing to pay him for his last two weeks of work, as well as all other unpaid wages and expenses demanded by Plaintiff, when he complained about defendants’ failure to pay him all his earned wages and their illegal activity. 27.

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OREGON LAWS 2016 Chap. 73 (a) The court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater, section alleging a violation of ORS 652.355 or 653.060, the court may award, in addition to the re-

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by ORS 659A.145 or 659A.421 or federal housing law, or that a group of persons has been denied any of the rights protected by ORS 659A.145 or 659A.421 or federal housing law, the commissioner or the Attorney General may file a civil action on behalf of the aggrieved persons in the same Enrolled House Bill 2007 (HB 2007-A) Page 2

(4) In any action under subsection (1) of this section alleging a violation of ORS 652.355 or 653.060, the court may award, in addition to the relief authorized under subsection (1) of this section, compensatory damages or $200, whichever is greater.

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ORS 652.355 is an “adequate statutory remedy” for the action complained of. Oregon case law holds that no common law remedy exists where there is an adequate statutory remedy. As for ORS 652.355, the court held that for purposes of that statute the employee

ORS 652.355 prohibits any employer with one or more employees in Oregon from discriminating or retaliating against a current, former, or any other employers employee because: (a) The employee has made a wage claim or has discussed with anyone, inquired of anyone, or consulted an attorney or agency about a wage claim; or

Perustettu: 6.3.2009

Oregon Statutes > Chapter 652 > Enforcement of Wage Claims > Generally > § 652.355 Oregon Statutes 652.355 – Prohibition of discrimination because of wage claim or refusal to work additional hours; remedy

ORS 653.060 and ORS 652.355 protect employees who make wage claims or provide testimony regarding wage claims. ORS 659A.030(1)(f) prohibits an employer from retaliating against any employee because that employee has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under

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HB 3308 Amends ORS 652.355 , 653.060, 658.452, and 659A.885. Prohibits retaliation against an employee for engaging in certain actions related to a wage claim, including complaining about an underpayment of wages; discussing, inquiring about or consulting with an attorney or government agency

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ment pursuant to the standard established by ORS 19.415 (1); and (d) Any attorney fee agreement shall be subject to approval by the court. (4) In any action under subsection (1) of this section alleging a violation of ORS 652.355 or 653.060, the court may award, in addition to the relief authorized under subsection (1) of this sec-

Get free access to the complete judgment in ONKEN v. W.L. MAY CO on CaseMine.

(4) Violation of ORS 652.130 by any employer is a Class C misdemeanor. (5) In addition to the civil damages recoverable under ORS 652.230, violation of ORS 652.210 to 652.235 is a Class A misdemeanor. (6) The violation of ORS 652.240 is a Class A misdemeanor. (7) Violation of ORS 652.355 is a Class C misdemeanor.

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I ORS 652.355, in that when Complainant told Respondent that his salary review was incorrect he was :naking a wage claim and be was retaliated against in the form of different terms and conditlons of employment- OPS in that Respondent discriminated agairst Complainant 2.

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how ORS 652.355 could be considered an adequate remedy for retaliatory discharge when ORS 652.380 explicitly mandates the use of other remed- ies to supplement ORS 652.355. In view of the pro- visions of ORS 652.380, the Court of Appeals’ holding in Carlson conflicts with the standard artic-

ORS § 652.355. Similarly, ORS 659A.199 prohibits employers from discharging or retaliating against an employee ”for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” ORS § 659A.199(1).

ORS 652.355. However, some confusion came out of the wording of the law. What if the employee was not threatening a wage claim, but simply inquiring about their wages. With the new additions to Oregon law, this issue is clear.

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ORS 652.355 is amended to read: 652.355. (1) An employer may not discharge, retaliate against or in any other manner discrim-inate against an employee because: (a) The employee has [made a wage claim or discussed, inquired about or consulted an attorney

D. Brunozzi’s retaliation claim under ORS 652.355. Brunozzi’s final challenge is to the district court’s entry of summary judgment on his claim that CCI violated ORS 652.355, which prohibits an employer from discharging or otherwise discriminating against an employee who has discussed, made, or consulted an attorney about “a wage claim.”

ORS 653.060 and ORS 652.355 protect employees who make wage claims or provide testimony regarding wage claims. ORS 659A.030(1)(f) prohibits an employer from retaliating against any employee because that employee has opposed any unlawful practice, or because that other person has filed a complaint, testified or assisted in any proceeding under ORS Chapter 659A or has attempted to do so.

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oRS 6s9A.030(iXa)G). The Bureau of Labor and lndustries did not find substantial evidence to suppod Complainant’s allegations of violations based on whistleblowing and wage claim, in that Respondent subjected her to different temrs and conditions, retaliation, and employment termination in violation of ORS 659A.199 and ORS 652’355′ Itr.

ORS 652.355 – Protects employees from retaliation for making a wage claim or discussing, inquiring about or consulting an attorney about a wage claim. ORS 659A.030(1)(f) – Protects employees from retaliation for opposing unlawful discrimination (such as race, sex,

Sec. 4. The amendments to ORS 652.355, 653.060 and 659A.885 by sections 1 to 3 of this 2007 Act apply only to discriminatory acts occurring on or after the effective date of this 2007 Act [January 1, 2008]. [2007 c.278 §4] Note: Section 2, chapter 280, Oregon Laws 2007, provides: Sec. 2.

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ment pursuant to the standard established by ORS 19.415 (1); and (d) Any attorney fee agreement shall be subject to approval by the court. (4) In any action under subsection (1) of this section alleging a violation of ORS 652.355 or [3]

(1) The Civil Rights Division of the Oregon Bureau of Labor and Industries enforces the provisions of ORS 441.174, 652.355, 653.060, 659A.199, 659A.200 to 659A.233 and OL Ch 519, Sec.7 2013, prohibiting discrimination based on whistleblowing disclosures or activities that are described in

Perustettu: 6.3.2009

At trial, the jury found plaintiff’s complaints concerning payment of minimum wage were a substantial factor in her termination. However, the trial court granted employer’s motion for directed verdict, concluding plaintiff failed to assert a ”wage claim” to support her retaliation claim under the Fair Labor Standards Act (FLSA) or ORS 652.355.

Angella Davis, individually and on behalf of all others similarly situated, Anthony Lopez, individually and on behalf of all others similarly situated, John Blake, individually and on behalf of all others similarly situated, Marcelo Hernandez, individually and on behalf of all others similarly

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ORS 652.355, in that when Complainant told Respondent that his salary review was incorrect he was making a wage claim and he was retaliated against in the

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olation of ORS 652.220, the court may award punitive damages if: (a) It is proved by clear and convincing evidence that an employer has engaged in fraud, acted with malice or acted with willful and wanton misconduct; or (b) An employer was previously adjudicated in a proceeding under this section or under ORS 659A.850 for a violation of ORS 652

Opinion for Perri v. CERTIFIED LANGUAGES INTERNATIONAL, 66 P.3d 531, 187 Or. App. 76 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

652.030 Enforcementof ORS 652.010 and 652.020 dependent upon like laws in other states 652.040 Maximumworking hours in mines 652.050 Definitionsfor ORS 652.050 to 652.080

(7) Violation of ORS 652.355 is a Class C misdemeanor. (8) Violation of ORS 652.610 or 652.620 is a Class D violation. (9) Willful violation of ORS 652.635 or 652.640 by a producer or agent of the producer is a misdemeanor. (10) Violation of any of the provisions of ORS 652.710 or 652.720 by any employer is a Class A violation.

2. Any person claiming to be aggrieved by a violation of PCC Chapter 9.01.050 may file a complaint with the BOLI Commissioner using the procedures established under ORS 652.355 or 653.060, as applicable. SL 13.03 Enforcement Powers. The BOLI Commissioner shall have the same enforcement powers under PCC Chapter 9.01 as under ORS Chapters 652 and

Therefore, the court reversed as to Brunozzi’s retaliation claim under ORS 659A.199. The court also reversed as to Brunozzi’s retaliation claim under ORS 652.355 where the act of complaining about inadequate wages was a protected activity. View ”Brunozzi v. Cable Communications, Inc.” on Justia Law

ORS 652.355;-Inquired about their overtime pay, exemptions, or maximum working hours. ORS 652.020;-Are of a particular race, color, religion, sex, sexual orientation, national origin, marital status, age, disability or familial status. ORS 659A.199. 3. When an employee is forced to quit their job due to unacceptable working conditions.

by Stuart I. Teicher and Elizabeth A. Semler Oregon’s Court of Appeals recently issued a decision revisiting the question of when a worker is an employee and not an independent contractor in Perri v. Certified Languages International, LLC, 187 Or App 76 (2003). The Perri decision also clarified whether an employee’s demand for increased

ORS 652.355 – Protects employees from retaliation for making a wage claim or discussing, inquiring about or consulting an attorney about a wage claim. ORS 659A.030(1)(f) – Protects employees from retaliation for opposing unlawful discrimination (such as race, sex,

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ment pursuant to the standard established by ORS 19.415 (1); and (d) Any attorney fee agreement shall be subject to approval by the court. (4) In any action under subsection (1) of this section alleging a violation of ORS 652.355 or 653.060, the court may award, in addition to the relief authorized under subsection (1) of this sec-

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laws (especially new ORS 652.355) Title VII (federal) and ORS 659A.030 (discrimination and harassment) FMLA and OFLA (includes when an employee asks about leave options) and Oregon’s new sick leave law Workers’ compensation (Oregon) Making complaints about

ORS 652.355(2) provides, in part: “Any person who discharges or discriminates against an employee in violation of [ORS 652.355(1) ] shall be liable to the employee discharged or discriminated against for actual damages or $200, whichever is greater.” The statute does not define “actual damages.”

Opinion for De Bay v. Wild Oats Market, Inc., 260 P.3d 700, 244 Or. App. 443 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information.

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Law 2783) amends ORS 652.355, ORS 659A.060 and ORS 659A.885 to make discrimination or retaliation against employees who complain about or inquire about wages an unlawful employment practice under ORS chapter 659A. Ten HR Issues from 2007 – Employment Roundtable December 13,

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Law 2783) amends ORS 652.355, ORS 659A.060 and ORS 659A.885 to make discrimination or retaliation against employees who complain about or inquire about wages an unlawful employment practice under ORS chapter 659A. Ten HR Issues from 2007 – Employment Roundtable December 13, 2007

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and Abetting in Employment, ORS 659A.030(1); Discrimination for Discussing and Inquiring about a Wage Claim, ORS 652.355) Amount Claimed: $1,070,000.00 Jury Trial Requested (Not Subject to Mandatory Arbitration) (Fee Authority ORS 21.135)

Therefore, the court reversed as to Brunozzi’s retaliation claim under ORS 659A.199. The court also reversed as to Brunozzi’s retaliation claim under ORS 652.355 where the act of complaining about inadequate wages was a protected activity. View ”Brunozzi v. Cable Communications, Inc.” on Justia Law

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503 Board member), filed a joint motion to dismiss on August 28, 2009. [#61] The Service Employees International Union (SEIU), moved to dismiss plaintiff’s amended complainton August 31, 2009.

While that case was pending appeal, Plaintiff brought this action against the State, alleging, pursuant ORS 652.355, ORS 659A.230, ORS 659A.030, and ORS 659A.203, and 29 U.S.C. § 215(a)(3), that the State had unlawfully retaliated against Plaintiff for filing overtime wage claims against the State.

Therefore, the court reversed as to Brunozzi’s retaliation claim under ORS 659A.199. The court also reversed as to Brunozzi’s retaliation claim under ORS 652.355 where the act of complaining about inadequate wages was a protected activity. View ”Brunozzi v. Cable Communications, Inc.” on Justia Law

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Plaintiff requests injunctive relief, pursuant to ORS 659A.885(1), to restrain defendants from engaging in existing and future violations of ORS Ch. 659A. 39. Plaintiff has hired legal counsel to bring these claims and is entitled to the costs incurred and attorney fees pursuant to ORS 659A.885 and ORS 20.107. 40.

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Standards Act, ORS 653.261) • Judge Posner: “Insurance against a violation of an overtime law, whether federal or state, would enable the employer to refuse to pay overtime and then invoke coverage so that the cost of the overtime would come to rest on to the insurance company.” Farmers Auto. Ins. Ass’n v. St.

i have a question i am american citzen , working for a american company overseas, i have a employment contract that states i receive a annual housing allowance of 36,000.00 per year , this year the only paid my half of the amount,stating that the cost of housing has went down in the country im working in , can they do that with out me signing a

ors 652.355. Case law interpreting this statute holds that a ”wage claim” for purposes of a retaliation claim may consist of a written or oral complaint for unpaid wages. Under federal or state law, employers should carefully consider employee complaints about wages, whether oral or written.

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unlawful discrimination), ORS 659A.040 (worker’s compensation), and ORS 659A.096 (Oregon family medical leave). b. In forms of inappropriate conduct that may not violate law, but which violate City rules because the conduct is not conducive to creating a respectful and professional work environment.

ORS 653.010(11) defines wages as ”compensation due.” Thus, again, a claim for wages under ORS chapter 653 covers only wages already earned. There is no reason to believe that the legislature had a different meaning in mind when it used the word ”wage” in ORS 652.355, or when it used the word ”wages” in ORS 652.320(9).

if i discovered accounting fraud at my old job perpetrated by more than one controlling officers in that corp branch i worked for, and they failed to notify the shareholders and failed to correct the issue by directing me to cease any further forensic accounting , can i seek financial relief as a whistleblower under SOX or frank-dodd act, etc?

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17 rights and obligations protected both under Oregon law, ORS 659A.230; ORS 652.355, 18 and under a provision of federal law, section 806 of the Sarbanes-Oxley Act of 2002, 18 19 USC § 1514A. 20 Plaintiff’s third amended complaint is not a model pleading by any measure.

In consolidated actions brought by cable and internet service technicians, alleging that a company’s compensation plan violates the overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. section 207, Oregon’s statutory requirement that an employer pay all wages earned and unpaid after terminating an employee, ORS 652.140, and

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Filing 119 ORDER: Motion to Dismiss 61 and Motion to Dismiss 63 are granted in part and denied in part. Signed on 8/5/2011 by U.S. District Judge Michael R. Hogan.

Therefore, the court reversed as to Brunozzi’s retaliation claim under ORS 659A.199. The court also reversed as to Brunozzi’s retaliation claim under ORS 652.355 where the act of complaining about inadequate wages was a protected activity. View ”Brunozzi v. Cable Communications, Inc.” on Justia Law

Goldstein v. Purity Foods, Inc., Court Case No. 3:02-cv-01266-HA in the Oregon District Court.

Find Oregon State statutes Title 51 Labor And Employment, code, act Oregon US of Chapter 652 Hours; but in the name of the State of Oregon.(1) The remedies provided by ORS Violation of ORS 652.355 is a Class C misdemeanor. (8)

684 P.2d 21 (1984) 69 Or.App. 107 Laurie McQuary, Appellant, v. BEL AIR CONVALESCENT HOME, INC., an Oregon Corporation Doing Business under the

ORS 441.605(7) declares that residents of long term care facilities have the right to be free from ”mental and physical abuse.” ORS 659.035(1) was enacted in 1981, Or Laws 1981, ch 470, § 5, after the plaintiff’s discharge in McQuary and before we issued our opinion.

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I also claimed Oregon State Law ORS 659A.200 -659A. 233, 652.355, 653.060 Whistle Blowing Disclosure by Employees. These Laws and Regulations were intended to Protect me, and because the General Work Force, their Peers, and Authorities are so ignorant, and egotistical they have made a shambles out of my life.

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1. What legal protection does Oregon provide private sector employees in regard to whistleblowing and retaliation? The general rule is that most employees may be fired at any time for any reason or for no reason at all under what is known as the at-will employment doctrine.

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Or. Rev. Stat. Ann. § 652.355 (West 2019) provides protection from retaliation for workers enforcing their basic wage payment rights and makes a violation of this section an “unlawful employment practice under ORS chapter 659A.” Or. Rev. Stat. Ann. § 652.355 (West 2019).

Back pay liability shall not accrue from a date more than two years prior to the filing of a complaint with the Commissioner of the Bureau of Labor and Industries, pursuant to ORS 659.040, or if no such complaint has first been filed, then, more than two years prior to the filing of the civil suit provided for in ORS 659.040, 659.045, 659.095

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