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BLACHANA v. BUREAU OF LABOR AND INDUSTRIES

0608; A143894.

279 P.3d 248 (2012)

250 Or. App. 80

BLACHANA, LLC, dba Penner's Portsmouth Club, Petitioner, v. BUREAU OF LABOR AND INDUSTRIES, Respondent.

Court of Appeals of Oregon.

Decided May 16, 2012.

Attorney(s) appearing for the Case

Jonathan M. Radmacher argued the cause for petitioner. With him on the brief was McEwen Gisvold LLP.

Greg Rios , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and David B. Thompson , Interim Solicitor General.

Before ORTEGA, Presiding Judge, and BREWER, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Blachana, LLC, seeks judicial review of a final order issued by the Bureau of Labor and Industries (BOLI), contending that BOLI erred in concluding that Blachana was liable as an "[e]mployer" for wage claims under ORS 652.310(1). ORS 652.310(1) defines "employer" to include "any successor to the business of any employer." BOLI concluded that Blachana was liable for wage claims made by former employees of an entity, NW Sportsbar, Inc., that had previously...

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