Former KPAM/Portland Hosts Win Wage Dispute Case Against Former Station Owner

Margie and Carl

OREGON's BUREAU OF LABOR AND INDUSTRIES has ruled in favor of former PAMPLIN News-Talk KPAM-A/PORTLAND hosts MARGIE BOULÉ and CARL WOLFSON in their case against the station for unpaid wages arising from their classification as independent contractors.

The agency ruled that BOULÉ and WOLFSON were owed overtime pay from 2016 and 2017 because the station incorrectly classified them as independent contractors rather than employees under OREGON minimum wage laws.  BOLI applied a six-factor "economic realities" test in determining the proper status of the two hosts: "(1) The degree of control exercised by the alleged employer (with BOLI noting that PAMPLIN set show clocks and segments and held required staff meetings); (2) The extent of the relative investments of the worker and alleged employer (PAMPLIN covering most expenses); (3) The degree to which the worker’s opportunity for profit and loss is determined by the alleged employer (the hosts were paid $200 per show, not negotiable, and while the hosts were permitted to work elsewhere, they did not do so); (4) The skill and initiative required in performing the job (the pay remained the same no matter what initiative the hosts took); (5) The permanency of the relationship; and (6) whether the service performed was an integral part of Respondent’s business (radio)." 

PAMPLIN argued that the hosts were exempt from overtime as "creative professionals" but BOLI ruled that the hosts were employed on a piece rate (per show) basis instead of a salary basis, the latter which woud be necessary as a basis for exempt status.  In addition, PAMPLIN was hit with civil penalties for failure to keep records of workers' time and payroll.

PAMPLIN, which later sold the station to INTELLI LLC, which in turn leased the station to SALEM, must pay over $55,000 to cover the wages and $41,024 in civil penalties for the violations.

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