|CALENDAR STATUS: Active|
|Blachana, LLC v. Bureau of Labor and Industries|
|Supreme Court Case 2|
|Karla Ferrall on behalf of Oregon Bureau of Labor and Industries|
Jonathan M Radmacher on behalf of Blanchana, LLC
Statement of Issues:
|Blachana, LLC v. Bureau of Labor and Industries (S060789) (A143894) (on review from the Bureau of Labor and Industries; opinion reported at 250 Or App 80, 279 P3d 248 (2012)).|
The Bureau of Labor and Industries (BOLI) has been granted review of a Court of Appeals decision that reversed and remanded a final order by BOLI determining that Blachana, LLC, was liable as an employer for the wage claims made by former employees of an entity, NW Sportsbar, Inc., that had previously operated a restaurant and bar at the same site as a restaurant and bar operated by Blanchana.
On judicial review, the issue is:
Whether BOLI's authority to recover unpaid wages from employers, the definition of which includes "any successor to the business of any employer, " encompasses authority to hold employers liable as successors if they operate a business that is substantially similar to the business of their predecessors.
The foregoing summary of a Supreme Court case that is scheduled for oral argument has been prepared for the benefit of the public. Parties and practitioners should rely on neither the factual summary set out above, nor the statement of issues to be decided, as delineating the questions that the Supreme Court ultimately may consider on review. See generally Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
David V. Brewer