The Oregon Bureau of Labor and Industries (BOLI) is responsible for administering and enforcing a variety of Oregon Labor Laws. As such, Oregon BOLI reserves the right and authority to enter business premises, gather facts, and examine working conditions at any reasonable time. This is also known as a workplace investigation.
Here is everything you need to know about Oregon BOLI investigations, so you can keep your business prepared.
Oregon BOLI Workplace Investigations
Oregon BOLI is responsible for conducting workplace investigations, when necessary, to ensure that businesses are maintaining compliance with the laws and requirements administered by BOLI.
BOLI Laws in Oregon
Oregon BOLI's jurisdictions includes laws and requirements for the following topics:
- Payment of wages
- Oregon Minimum wage and overtime
- Rest and meal periods
- Statewide sick leave
- Labor contractors providing workers in the farm, forestation, construction and janitorial sectors
- Child labor protections
- Prevailing wage rates on public works projects
- Discrimination
- Fair Housing laws
- Oregon Pay Equity Law
- Retaliation / whistleblower protection
BOLI Investigation Process and Types of Investigations
Under ORS 651.120, Oregon BOLI has the right to conduct workplace investigations for a variety of reasons. While employers may want to look over all of Oregon BOLI's statutes and rules under their authority, there are three primary types of workplace investigations to be aware of and prepared for:
- Wage and hour investigations and enforcement
- Civil rights investigations and enforcement
- Strategic enforcement and outreach
Wage and Hour Investigations in Oregon
Wage and hour investigations are conducted by BOLI to ensure that employees are being employed and paid appropriately.
It's important to note that while investigations are often scheduled in advance, Oregon BOLI has the right to make unannounced site visits, with the goal of directly observing normal business operations.
As a result, it's important that employers in Oregon have a firm understanding of Oregon Payroll Laws.
Wage and Hour Investigation Process
All Oregon wage and hour investigations begin with the BOLI representative explaining the investigative process and the types of records that will be required during the review.
This requested information can include:
- Names and contact information of employees
- A copy of time records for the last two completed pay periods typically
- A copy of the payroll records for this same timeframe
Once this information is gathered, Oregon BOLI may request additional information or otherwise advise that no violations were found. If violations are uncovered, the employer will be informed as to the requirements of the law and necessary corrective actions.
Corrective actions may include:
- Revision of the company’s policies and practices
- Prompt computation and payment of back wages due to employees
- Payment of applicable civil penalties
- A signed agreement from the employer regarding future compliance (when appropriate)
In addition to requesting certain records and information, these investigations typically also involve private interviews with management and workers and verification of a posted applicable minimum wage notice; an Oregon sick leave notice; and (where applicable) a certificate to employ minors.
Civil Rights Investigations in Oregon
In order to launch a civil rights investigation, Oregon BOLI must first receive a filed complaint. These complaints are submitted in the form of a questionnaire. If the complaint falls within BOLI's jurisdiction, BOLI will then interview the complainant, who after which must review, sign, and return the complaint.
If it is determined that the complaint is indeed a violation, Oregon BOLI will begin its investigation. If not, it will notify the complainant. Important to note is that employees can have their attorney draft and submit a complaint.
Civil Rights Investigation Process
After determining that the complaint does indeed warrant an investigation, a case is opened and a BOLI Senior Civil Rights Investigator will investigate the complaint.
The goal is to determine if there is a link between the discriminatory act and the protected class. In most cases, BOLI has one year from receiving the signed complaint to complete the investigation.
During the investigation, the investigator will gather information from and interview all parties involved. Employers are also asked to submit a position statement detailing their responses to the allegations made in the complaint.
If during the investigation it is found that the complaint was indeed a violation, the case may be moved toward conciliation or referred to the Administrative Prosecution Unit for review. The Administrative Prosecution Unit may choose to close, settle, or take the case to an administrative hearing.
Upon closure, a case file becomes subject to public records requests.
Strategic Enforcement and Outreach Investigations in Oregon
Oregon BOLI has what are called, Strategic Enforcement and Outreach Units. The responsibility of these units is to conduct routine onsite compliance reviews relating to wage and hour and civil rights laws.
These visits may occur as a result of a filed complaint, a lead on non-compliant practice, or simply as proactive enforcement.
Employee Protections During Workplace Investigations in Oregon
Employers may not retaliate against or take adverse action in any way against an employee for participating in a BOLI workplace investigation.
What to Do if You Receive a BOLI Complaint in Oregon
If a BOLI complaint is filed against an Oregon employer, the employer will receive a copy of the complaint as well as a notice of the filing of the complaint.
The notice of filing will explain to the employer that they must respond to the complaint within 14 days with their "position statement". This statement should address each claim separately (if there are multiple), and include any documentation or witness statements to support the statement.
If the employer fails to respond within the 14-day window, the result of the complaint / case will only include the information provided by the complainant.
The notice sent to the employer will include a name and phone number for the employer to contact with questions.
Frequently Asked Questions (FAQ)
What is an Oregon BOLI workplace investigation?
An Oregon BOLI workplace investigation is a review conducted by the Oregon Bureau of Labor and Industries (BOLI) to determine whether an employer is complying with Oregon labor laws. Under Oregon law, BOLI has the authority to enter business premises, examine working conditions, gather facts, and review records related to employment compliance.
What types of workplace investigations does Oregon BOLI conduct?
BOLI primarily conducts three types of workplace investigations including wage and hour investigations, civil rights investigations, and strategic enforcement and outreach investigations. Each type focuses on ensuring employers comply with the laws administered by BOLI.
Can Oregon BOLI conduct an unannounced workplace investigation?
Yes. While many investigations are scheduled in advance, BOLI also has the authority to conduct unannounced site visits to observe normal business operations and gather factual information quickly.
What records does BOLI typically request during a wage and hour investigation?
During a wage and hour investigation, employers are commonly asked to provide employee names and contact information, time records for the last two completed pay periods, and payroll records for the same timeframe. BOLI may also request additional records depending on the circumstances of the investigation.
What happens during a BOLI wage and hour investigation?
A BOLI representative typically begins by explaining the investigation process and the records that will be reviewed. The investigation may include private interviews with employees and managers, review of payroll and time records, and verification that required workplace posters—such as Oregon minimum wage and sick leave notices—are properly displayed.
What happens if BOLI finds violations during an investigation?
If violations are identified, BOLI will explain the applicable legal requirements and any corrective actions needed. These actions may include updating company policies, paying back wages owed to employees, paying applicable civil penalties, or signing an agreement committing to future compliance.
How can employers prepare for a BOLI workplace investigation?
Employers can prepare by maintaining accurate payroll and timekeeping records, ensuring required labor law posters are displayed, reviewing workplace policies for compliance, and staying current on Oregon employment laws. Having organized records and compliant practices can help an investigation proceed more smoothly.
Get Help with Workplace Investigations and Other HR Responsibilities
If you are an employer in Oregon struggling with preparing for BOLI workplace investigations, or have had workplace investigations go poorly in the past, you may want to consider reaching out to an Oregon HR Service for help.
An Oregon HR company can also help ensure you maintain compliance with other laws, such as OregonSaves, so that you can avoid any type of fine or penalty.
Contact us today to learn more about how we help keep businesses compliant and prepared.
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