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Action Alert: BOLI HB2386 VOTE UPDATE


Republican Rapid Response Action Alert

HB 2386-9 Engrossed

FLOOR VOTE on HOUSE side of the Legislature 3/24/2015What is in this bill?
Currently, wage & hour disputes between empolyees and employers are handled with the involvement of the Circuit Court having jurisdiction. The Bureau of Labor and Industries ( BOLI) brings the complaint to the court.

HB 2386 expands the authority of the BOLI Commissioner to issue cease and desist orders on a business, potentially closing it’s doors AND the business would have no right or method to appeal the decision until after BOLI completed it’s investigation and issued it’s final order.
That final order may not be available for an entire year.

Another expansion of authority would be for BOLI to set the dollar amount for a “bond” to be paid by the employer within 10 days. The bill has NO limit on the amount of the bond and if the business thinks it’s excessive, guess who is 100% responsible to prove it. Not BOLI.
“Pay up or we shut you down Mr. Employer”.

Current Situation

The House Committee on Business and Labor “DO PASS” recommendation was a straight party line vote .  No Republican House member voted for this bill.

HB2386-9 is heading for a FLOOR VOTE on HOUSE side of the Legislature on Tuesday 3/24/2015
ACTION you can take now.          Deadline: Monday 3/23/2015 Email and Call Your Representative, no matter what their party may be.
You could use any of these points to support your opposition to HB 2386:

  • The substitution of the commissioner for the court grants an executive branch agency judicial authority.  If BOLI is already fulfilling the roles of investigation and prosecutor in any dispute, how is it fair to the employee and the employer if BOLI also serves as the judge?


  • If BOLI establishes a requirement for a bond that is excessive, the employer assumes 100% of the responsibility to prove that the amount is excessive. That is contrary to the principle of innocent until proven guilty.


  • BOLI “may commence an action in the circuit court”, which is great for BOLI, but the employers seems to be left at the mercy of an agency.  BOLI may take up to a year to issue it’s final orders, and by then the business may no longer exist.
  • Our American system of justice is based on fairness to all parties and the role of our courts is

how we achieve that in our society.
Find your Representative on the Oregon Legislature website

If you know your House District number already:
Your Representative’s phone number is: (503) 986 – 14 XX     XX is your District number.


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  • With friends and family members who need to be aware of what is going on in Salem.

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19 March 2014 07:35:15 AM
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