Garrett Andrews//June 1, 2016//
A Portland-area flagging company operator was ordered to pay $79,000 for withholding pay to his employees, an administrative law judge with the state Bureau of Labor and Industries ruled last week.
In the order, four companies operated by Evan Williams 鈥 Portland Flagging, A D Traffic Control Services and Tri-Star Flagging 鈥 were assessed civil penalties. Three of the four were fined for failure to pay prevailing wage on the Sellwood Bridge project.
Additionally, Williams was ordered to be placed on the list of people ineligible to receive public contracts for three years.
Oregon Labor Commissioner Brad Avakian admitted three years isn’t long given Williams’ history of violations.
鈥淭hat’s the maximum penalty allowable under the statute,鈥 he said.
Though many of the violations took place during the Sellwood Bridge project dating to 2010, scrutiny against Williams has intensified in recent years as employees have come forward to report unlawful practices. Avakian earlier this year filed a complaint alleging retaliation, threats of physical violence and other unlawful practices.
The final order, issued last week, included 36 instances of failure to pay prevailing wage rates, 52 instances of filing inaccurate statements, one of failing to file certified statements and five instances of unlawful deductions from paychecks.
As to where the $79,000 fine will go once paid, BOLI spokesman Charlie Burr said the bureau applies civil penalties to its prevailing wage enforcement costs. Any remainder goes to the state treasurer’s office. Additionally, all wages recovered are directed to affected workers, Burr said.
Under last week’s order issued by BOLI deputy director Christie Hammond (presiding because Avakian filed the initial complaint), Williams has 60 days to file an appeal with the state Court of Appeals. If that’s unsuccessful, the last step would be an appeal to the state Supreme Court.
Williams, who at points represented himself in BOLI’s quasi-judicial proceedings, told the 91视频 that Avakian was a 鈥減uppet of the labor unions.鈥
鈥淚t’s my job to protect every worker in Oregon, regardless of whether or not they are in a union,鈥 Avakian told the 91视频.
Avakian has been an outspoken and ambitious BOLI director, waging aggressive campaigns against wage theft and other misconduct, and supporting efforts to increase career training in schools. Last year, he oversaw a high-profile discrimination case against a Gresham bakery that refused to bake a cake for a lesbian couple.
Avakian is the democratic candidate for Oregon secretary of state in the November election. His opponent is former Republican gubernatorial candidate Dennis Richardson.