Bend Chamber of Commerce Legislative Alert - Thursday, March 12, 2015
Your voice matters. Due to movement amongst legislation, the following workplace mandate was identified this week as needing immediate attention.
HB 2386- Grants Cease & Desist Authority to BOLI (Oppose) - Allows BOLI (Bureau of Labor & Industries) Commissioner Avakian broad new authority to issue cease & desist orders at his discretion on an employer he has reason to believe violated employment statutes (prevailing wage, wage and hour, general employment law statutes) - without having to go to court. Once order issued, employer would have the burden (and cost) of going to circuit court to prove not violating law and request the order be lifted. URGENT
Write the House Committee on Business and Labor, copy your legislators, and/or go testify in person. All letters must be addressed Senators / Representatives in order to be used for testimony.
HB 2386 gives the Commissioner of the Bureau of Labor and Industries broad new authority to issue cease and desist orders-without having to go to court.
" HB 2386 says that (Section 1(6)), if the Commissioner has REASON TO
BELIEVE an employer has violated any of the statutes in question (which include prevailing wage, wage and hour, and general employment law statutes), he can issue what could, in some employment situations, amount to a stop work order.
" Once that cease & desist order was issued, the employer would have
the burden (and cost) of going to circuit court to request that the order be lifted. So instead of the Labor Commissioner having to ask a court to issue the order, and proving that the employer is violating the law, the employer would have to go to court to have the order lifted, and would have to prove that they were NOT violating the law.
" This new authority becomes especially problematic in situations
where there is a legitimate dispute about the validity of BOLI's belief that a law is being violated. In those cases, an employer's work, or a portion of it, could be shut down until the company went to court to prove they were complying with the law.
" BOLI wants HB 2386 to help them deal with what amounts to a small
number of bad actors, but the authority granted by the bill goes far beyond what's needed to accomplish that, while imposing significant financial burdens on employers.
You may also send your letters to the Bend Chamber by replying directly to this email, to email@example.com or your state legislators, addressed Senators / Representatives.
"One of the greatest strengths we have as a community is to join together to have an impact on the quality of life we all enjoy," said Bend Chamber President and CEO Tim Casey. "Our Legislative Committee is in contact with our State delegation and the message is straight forward, your voice makes a difference."
Senator Tim Knopp (R- District 27)
Capitol Phone: 503-986-1727
Capitol Address: 900 Court St NE, S-309, Salem, OR, 97301
Senator Ted Ferrioli (R- District 30)
Capitol Phone: 503-986-1950
Capitol Address: 900 Court St NE, S-323, Salem, OR, 97301
Representative Gene Whisnant (R- District 53) Capitol Phone: 503-986-1453 Capitol Address: 900 Court St NE, H-383, Salem, OR 97301
Representative Knute Buehler (R- District 54) Capitol Phone: 503-986-1454 Capitol Address: 900 Court St NE, H-389, Salem, OR 97301
Representative Mike McLane (R- District 55)
Capitol Phone: 503-986-1455
Capitol Address: 900 Court St NE, H-395, Salem, OR 97301
Representative John Huffman (R- District 59) Capitol Phone: 503-986-1459 Capitol Address: 900 Court St NE, H-477, Salem, OR 97301