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(“GTM”) and Green Thumb LLC (“GTL”) were joint employers and violated ORS 279C.840(1), OAR 839-025-0035, OAR 839-025-0040, ORS 279C.845, OAR 839-025-0010, ORS 279C.850, OAR 839-025-0030, ORS 653.045(1)&(2), OAR 839-020-0083, ORS 653.261, and OAR 839-020-0030 and assessed ,852.03 in civil penalties against GTM and GTL.
Portland Flagging, LLC; A D Traffic Control Services, LLC; Tri-Star Flagging, LLC; Portland Safety Equipment, LLC; Phoenix Construction Group, Inc.; SBG Construction Services LLC; GNC Construction Services LLC; Evan Williams and Kenya Smith aka Kenya Smith-Williams (May 20, 2016), Case No. Respondents Portland Flagging, LLC, A D Traffic Control Services, LLC and Tri-Star Flagging, LLC failed to pay the prevailing wage rate to 36 workers who performed flagging work during the construction of the Sellwood Bridge, a public works project, when timely deposits were not paid to the workers’ fringe benefit accounts.
The three claimants were awarded ,360.00, ,960.00, and ,320.00 in ORS 652.150 penalty wages.
One of those claimants was also awarded ,320.00 as an ORS 653.055 civil penalty because some of his unpaid wages were overtime wages. Respondent employed three wage claimants at the agreed rate of per hour and failed to pay them all wages due and owing.
The Charges against Brown’s Architectural Sheetmetal were dismissed. Claimant, a minor, was employed by Respondent Ghaffari, who failed to pay him all wages due and owing, including overtime wages. Ghaffari’s failure to pay the wages was willful and the forum awarded Claimant ,880 in ORS 652.150 penalty wages.
Abdul Rahim Ghaffari and United Gem & Carpets, Inc. The forum awarded Claimant ,880 as an ORS 653.055 civil penalty because Claimant was not paid all his overtime wages.
The Agency established by a preponderance of the evidence that Respondent Frehoo, Inc.