CEJAS COMMERCIAL INTERIORS, INC. v. TORRES-LIZAMA

100100532; A148291.

316 P.3d 389 (2013)

260 Or. App. 87

CEJAS COMMERCIAL INTERIORS, INC., an Oregon corporation, Plaintiff-Respondent, v. Jorge TORRES-LIZAMA and Felix Torres-Lizama, Defendants-Appellants, and Viewpoint Construction, LLC, an Oregon limited liability company, Defendant.

Court of Appeals of Oregon.

Decided December 18, 2013.


Attorney(s) appearing for the Case

D. Michael Dale argued the cause for appellants. With him on the briefs was Law Office of D. Michael Dale.

Roger J. Leo argued the cause and filed the brief for respondent.

Kenneth A. Kreuscher , Cathy Highet , and Portland Law Collective, LLP, filed the brief Amici Curiae for Oregon American Federation of Labor and Congress of Industrial Organizations, Oregon State Building and Construction Trade Council, International Union of Painters and Allied Trades District Council No. 5, and National Employment Law Project.

Before ARMSTRONG, Presiding Judge, and DUNCAN, Judge, and BREWER, Judge pro tempore.


DUNCAN, J.

In this declaratory judgment action, defendants Felix and Jorge Torres-Lizama appeal a judgment declaring that they were not employed by plaintiff, Cejas Commercial Interiors, Inc., within the meaning of Oregon's minimum-wage law, ORS 653.025.1 Defendants contend that plaintiff, a drywall contractor, was their employer while they did drywall work that plaintiff had subcontracted to Viewpoint Construction, LLC (Viewpoint). Consequently...

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