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PRESLEY v. BUREAU OF LABOR AND INDUSTRIES

66-03; A123242.

112 P.3d 485 (2005)

200 Or. App. 113

William PRESLEY, dba Westside Classic Buicks, Petitioner, v. BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

Decided June 1, 2005.

Attorney(s) appearing for the Case

John A. Wolf, Eugene, argued the cause for petitioner. With him on the brief was Speer, Hoyt, Jones, Feinman, Roppe, Wolf & Griffith, P.C.

Richard D. Wasserman, Attorney-in-charge, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.

SCHUMAN, J.

The Commissioner of the Bureau of Labor and Industries (BOLI) issued an order requiring petitioner, the owner of a used car dealership, to pay claimant unpaid wages, penalty wages, and a civil penalty totaling $7,436.75. Petitioner seeks judicial review, contending that claimant was an independent contractor and not an employee; that, if he was an employee, then he received full compensation in the form of a used car; and that BOLI miscalculated the number...

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