Commissioner’s Message – December 29, 2011

Thu Dec 29 11:12:48 PST 2011

Bureau of Labor andIndustries (BOLI)
Commissioner BradAvakian

Commissioner’s Message – December 29, 2011
On the eve of another great year

Dear Friends:

Wrapping up 2011, I have to say thank you to all those who contributed
to a big year for labor and industries in the state of Oregon.  As we
look forward to 2012, now only days away, I am very excited about all of
the efforts that will be coming to fruition in the New Year.  Briefly, I
want to highlight a couple of accomplishments and how they help set the
stage for an even better year in 2012.

Of course, my highest priority as Labor Commissioner has been the
restoration of career and technical education (CTE) options in our
public schools.  This year, the legislature committed $2 million to a
grant fund supporting that important effort, which brings together
business and labor interests as well as the educational community, to
move us toward an Oregonwhere every student has access to high-quality
CTEoptions that teach emerging or in-demand job skills.  Stories like
the one about Hillsboro High School’s auto shop program (
http://www.oregonlive.com/beaverton/index.ssf/2011/12/hillsboro_teacher_tries_to_sav.html
) have been too frequent in recent years and show us exactly why a
concerted statewide effort is needed to preserve and ultimately restore
these invaluable programs.  I want to thank Glenn Campbell and Don Domes
for what they’re doing to support CTEin Hillsboro, and the other
teachers and concerned citizens around the state who are keeping great
programs going in their communities, and let you know that help is on
the way.  I am so excited to begin awarding grants this spring for
programs during the next school year.  Please share information about
the grant program ( http://www.ode.state.or.us/search/page/?id=3389 )
with the schools and school districts that you think might be
interested.  I look forward to seeing a lot of thoughtful proposals come
in by the February 10 deadline.

On January 1st, several new laws ( about:blank#New_Laws )will take
effect and the state minimum wage will increase to $8.80 per hour.  One
especially important victory for Oregonworkers this year is the new law
allowing workers who receive paychecks that bounce to recover damages
from their employer via BOLI’s wage claim process.  Cases of employers
paying their workers with bad checks (
http://special.registerguard.com/csp/cms/sites/web/business/24763415-41/finfrock-state-bond-employees-gold.csp
) came to the forefront during this recession, and I was pleased to work
with the legislature to ensure that workers don’t end up on the hook (
http://www.oregon.gov/BOLI/docs/05.23.11_BOLI_Release_-_NSF_Paychecks.pdf
) for overdraft charges and other costs with only limited recourse
available to them.  Now workers who’ve gotten bounced paychecks will be
able to recover their wages and damages for the bad check in one legal
process, rather than having to pursue a small claims action or hire an
attorney.  As I have mentioned before, this kind of common sense system
is also a win for law-abiding employers, who should never be forced to
compete against a business that doesn’t take its responsibilities as
seriously as everyone else.

As BOLI continues its wide range of important efforts to develop a
stronger workforce, defend the rights of workers and enforce civil
rights laws, I also want to highlight a new program being added to our
repertoire of services from the Technical Assistance for Employers
Program: the New Supervisor Training Series.

TA’s newest offering is a one-morning-per-month program of six seminars
(just three hours each) covering the critical skills and knowledge
needed to supervise workers in Oregon.  Targeted at both recently hired
managers and workers looking to sharpen their skills for future
positions, the New Supervisor Training Series represents a modest
investment, both in time and dollars, in the success of your front-line
supervisors—who are often your best line of defense against damaging
complaints and lawsuits.  The first session of the program is coming up
in late January, so submit registrations today (
http://www.oregon.gov/BOLI/TA/docs/New_Supervisor_Training_Series_2012.pdf
).

While there’s always temptation to start coasting after hitting a
rhythm of success, BOLI is going to continue all ahead full in the
coming year, adding more new resources from TA (
http://www.oregon.gov/BOLI/TA/docs/TA-POF-12-2011.pdf )and
strengthening our enforcement efforts against egregious violators of
civil rights and employment law.  Stay tuned to this newsletter for more
on all of BOLI’s work and, as always, don’t hesitate to send me your
thoughts about the job that we’re doing.

Sincerely,

Brad Avakian

PWAC management vacancies to be filled
by Labor Commissioner appointment

Commissioner Avakian is seeking statements of interest from potential
appointees to Oregon's Prevailing Wage Advisory Committee (PWAC). PWAC
was created by legislative action in 2003, with the Commissioner of
Labor and Industries appointing representatives from management and
labor in the building and construction industry who perform work on
public works contracts, as well as interested public individuals. The
committee is charged with advising the Commissioner on matters relating
to prevailing wage rate law.

Commissioner Avakian is looking to appoint three new management
(including public employer) representatives to the committee. Interested
parties should provide a letter describing their background and interest
in prevailing wage via mail to BOLI's Portland headquarters (
http://www.oregon.gov/BOLI/contact_us.shtml )(Attn: Christie
Hammond).  Letters can also be submitted electronically (
mailto:christie.n.hammond at state.or.us?subject=PWAC%20Interest ).

New Year Brings Changes in Employment Laws
New minimum wage also begins Jan. 1

The new grant fund to support career and technical education (CTE) in
Oregon schools headlines a number of changes to the labor and employment
landscape of the state that take effect on January 1, according to
summary materials released by the Bureau of Labor and Industries (BOLI).
Commissioner Avakian highlighted some of the changes:   

The establishment of the Career and Technical Education Revitalization
Grant Fund represents a huge victory for Oregon’s economy.  Even more
immediately, we’ll see the impact of important legislation strengthening
our veterans’ preference and uniformed service protections, ensuring
protected leave for jury service and victims of harassment, and
empowering BOLI to help workers recover damages when their paychecks
bounce.  Workers can contact BOLI’s Civil Rights and Wage and Hour
Divisions to get answers to their questions, while the Technical
Assistance for Employers Program can assist any Oregonemployers with
their questions.

Oregon’s minimum wage rate is also changing, increasing to $8.80 per
hour starting January 1.  Employers can obtain the required minimum wage
posters FOR FREE, in both English and Spanish, on BOLI’s website (
http://www.oregon.gov/BOLI ).

Avakian’s highlights include:
HB 3362 – promoting statewide cooperation for CTE programs and
establishing a grant fund
SB 277 – guaranteeing veterans’ preference points in promotions as well
as initial hiring
HB 2241 - ensuring that Oregonemployment law protects all uniformed
service members
HB 2828 and 3034 – protecting employees’ insurance and leave benefits
during jury service
HB 3482 – adding victims of harassment to employment protections for
victims of domestic violence, sexual assault and stalking
HB 2039 – allowing employee to recover damages through BOLI for
receiving “bounced” paychecks

Additional information about specific bills and a comprehensive list of
employment-related laws enacted by the Oregonlegislature in 2011 can be
found in BOLI’s online summaries (
http://www.oregon.gov/BOLI/New_Legislation.shtml ). 

BOLI tracks employment-related law changes as a function of its
Technical Assistance for Employers Program (TA), which is the state’s
primary education and information resource for employers.  TA helps
employers to comply with civil rights and employment laws and prevent
unnecessary worker complaints through both free and low-cost resources
available online ( http://www.oregon.gov/BOLI/TA ), by phone
(971-673-0824) and at public and private training seminars (
http://www.oregon.gov/BOLI/TA/T_SEM_Taseminar.shtml ). 

Avakian Honors Outstanding OregonEmployers
BOLI chief names 2011 champions in civil rights and workforce
development

PORTLAND- Today, State Labor Commissioner Brad Avakian, head of the
Oregon Bureau of Labor and Industries (BOLI), presented the 3rd Annual
BOLI Business Leadership Awards at BOLI’s 27th Annual Employment Law
Conference at the OregonConvention Center.  This year, two
Oregonemployers were recognized for their significant contributions to
our communities and their embodiment of BOLI’s mission: to protect
employment rights, advance employment opportunities, and protect access
to housing and public accommodations free from discrimination.  This
year’s honorees are:

Civil Rights Champion – HawthorneAuto Clinic of Portland
Hawthorne Auto co-owners Jim Houser and Liz Dally were nominated for
their efforts to foster a more livable community. Houser’s work to
increase small business employees’ access to healthcare and to provide
career paths in mechanical fields for diverse youth, and Dally’s support
for Bradley-Angle House and leadership on workplace protections for
victims of domestic violence, sexual assault and stalking—a civil right
enforced by BOLI, coupled with their business commitment to the
environment as a certified Eco-Logical Business, helped earn Hawthorne
Auto this year’s Civil Rights Champion award.

Workforce Development Champion – SE Works of Portland
For 14 years, SE Works has helped build positive connections between
job seekers and employers.  The extraordinary efforts of SE Works to
assist job seekers, especially low-income, multi-barriered individuals,
in seeking and applying for jobs have also translated to strong
relationships with employer who will reach out to SE Works when they
need reliable help.  The range of services and programs offered by SE
Works helped to set them apart as this year’s Workforce Development
Champion.

“The bar for one of our awards gets higher every year,” Avakian said. 
“Our champions represent the most compelling stories from our pool of
nominees, and we want to keep hearing these stories.  That’s why I’m
officially opening nominations for the 2012 Business Leadership Awards
today with a new, simplified process that will make it even easier to
submit nominations.”

>From now through October 1st, nominations can be submitted by anyone at
anytime, just by emailing BizAwards.BOLI at state.or.uswith:
·         The nominator’s name and contact information;
·         The nominated employer, including their website and a contact
person and reliable contact information; and
·         How the nominee has demonstrated leadership in its commitment
to fair workplaces, protecting civil rights in the community and/or
developing a stronger workforce.

Avakian created the BOLI Business Leadership Awards in 2009 to
recognize the good work that Oregon’s employers do every day for the
community, their workers, and the future of Oregon’s economy.  

BOLI Investigation Leads to Formal Charges against Typhoon!
 Bureau of Labor and Industries seeks at least $250,000 per aggrieved
employee

BOLI has issued formal charges of civil rights violations against
Typhoon!, Inc., and will seek at least a quarter-million dollars on
behalf of each Thai employee subjected to unlawful employment practices
by the restaurant chain.  Oregon’s Civil Rights Division announced in
May (
http://www.oregon.gov/BOLI/docs/05.11.11_BOLI_Release_-_Typhoon_Determination.pdf
)that investigators found substantial evidence that Typhoon used its
leverage over workers recruited from Thailand to impose lower pay,
longer hours and unfavorable contract terms that were not faced by
non-Thai employees.

“Equal pay for equal work is a fundamental right in our workplaces,”
said State Labor Commissioner Brad Avakian, who initiated the
investigation (
http://www.oregon.gov/BOLI/docs/09.08.10_BOLI_Release_-_Avakian_Complaint_v_Typhoon.pdf
)of Typhoon’s practices.  “The evidence shows that Typhoon paid one
class of workers less than another because of their national origin. 
BOLI will always take action to stop that kind of injustice.”

Several Thai workers contacted Avakian in 2010.  They had left their
homes and families in Thailandbased on Typhoon’s promises of a good job
and fair wages.  Instead they found themselves trapped in unreasonable
contracts, receiving lower wages and working longer hours than their
American counterparts who enjoyed better working conditions.  Hearing
their personal stories, Avakian invoked the Labor Commissioner’s
statutory authority to file a commissioner’s complaint.  A
commissioner’s complaint functions like any civil rights complaint
filed with BOLI, but offers greater protection against retaliation
because individual workers need not file in their own name.

BOLI’s charges seek non-economic damages of at least $250,000 for each
E-2 visa employee discriminated against by Typhoon based on national
origin.  In addition, BOLI has identified at least 11 Thai workers,
employed under the E-2 visa program, who were unlawfully paid less than
U.S.citizens for work as cooks in Typhoon’s Beaverton, SW
Broadway, NW Everett and Greshamlocations.  The charges seek wages to
compensate those workers and any others similarly situated and also seek
an order bringing their pay in line with their non-Thai co-workers.

The Typhoon case will be prosecuted before BOLI’s Hearings Unit, with
an administrative law hearing scheduled for May 15, 2012.  Any final
order in the case will be issued by BOLI Deputy Commissioner Doug
McKean.

For a printable PDF of the Commissioner’s Message, click here (
http://www.oregon.gov/BOLI/About_BOLI.shtml )

For more information and news from BOLI, visit us online here (
http://www.oregon.gov/BOLI/press.shtml )
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://listsmart.osl.state.or.us/pipermail/boli_capitolclub/attachments/20111229/de6c2130/attachment.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: Commissioners Message December 29, 2011.pdf
Type: application/pdf
Size: 44129 bytes
Desc: not available
URL: <http://listsmart.osl.state.or.us/pipermail/boli_capitolclub/attachments/20111229/de6c2130/attachment.pdf>