Page 1 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

Jon H. Weiner, OSB #993944

jweiner@nw-attorneys.com

Harris Law Firm, P.C., Of Counsel 

1415 Commercial St SE

Salem, OR 97302

Tel: (503) 399-7001

Fax: (503) 399-0745

Of Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

Eugene Division

DEBRA MCHUGH, aka DEBRA ORMAN,

 Plaintiff,

 v.

GEMTEXT PORTLAND, LLC, a 

Washington limited liability company

licensed to do business in Oregon;

GEMTEXT USA, LLC, a Washington 

limited liability company not licensed to do 

business in Oregon; CLOTHES FOR THE 

CAUSE LLC, a Washington limited liability 

company not licensed to do business in 

Oregon; SANDY NAVIDI, an individual; 

LAURA LAMBORN, an individual.

 Defendants.

____________________________________

Case No. 

COMPLAINT

Claims for violations of Minimum Wage 

and Overtime Compensation provisions of 

the Fair Labor Standards Act (FLSA), and 

related Retaliation, 29 USC §§ 206, 207, 215,

216(b), et seq.; State law claims for 

violations of Minimum Wage and Overtime 

Compensation laws, Failure to Timely Pay 

Wages Due and Owing Upon Termination 

of Employment, Retaliation, and Aiding and 

Abetting Retaliation, ORS 652.140, ORS 

652.150, ORS 652.200, ORS 653.020, ORS 

653.025, ORS 653.055, ORS 653.261, ORS 

659A.030, ORS 659A.199, et seq.

(Demand for Jury Trial)

Plaintiff alleges:

PRELIMINARY STATEMENT

1.

Plaintiff Debra McHugh aka Debra Orman (hereinafter referred to as “McHugh”) asserts

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 1 of 16
 

 Page 2 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

claims for wage and hour violations, including minimum wage and overtime compensation 

violations, and related retaliation, against defendants Gemtext Portland, LLC & Gemtext USA, 

LLC (hereinafter collectively referred to as “Gemtext”) and Clothes for the Cause, LLC 

(hereinafter referred to as “CFTC”) under the Fair Labor Standards Act (hereinafter referred to as 

“FLSA”), 29 USC §§ 206, 207, 215, 216(b), et seq. McHugh also asserts claims for wage and 

hour violations, including minimum wage violations, overtime compensation violations, and

failure to timely pay wages due and owing upon termination of employment, against Gemtext 

and CFTC under state law, ORS 652.140, ORS 652.150, ORS 652.200, ORS 653.020, ORS 

653.025, ORS 653.055, ORS 653.261, et seq. McHugh asserts additional claims for retaliation

against Gemtext and CFTC under state law, ORS 659A.199, et seq. Finally, McHugh asserts

claims that the aforementioned retaliation was aided and abetted by defendants Sandy Navidi 

(hereinafter referred to as “Navidi”) and Laura Lamborn (hereinafter referred to as “Lamborn”) 

under state law, ORS 659A.030, et seq. McHugh demands a jury trial. The allegations set forth 

below apply to “all times relevant” without regard to whether those allegations are set forth in 

the present, past, or future tense.

JURISDICTION

2.

This Court has jurisdiction over the subject matter of this civil action pursuant to 28 USC

§ 1331, which gives district courts original jurisdiction over civil actions arising under the 

Constitution, laws or treaties of the United States. This Court has supplemental jurisdiction over 

McHugh’s state law claims pursuant to 28 USC § 1367. McHugh’s state law claims are so 

closely related to her federal law claims that they form part of the same case or controversy 

under Article III of the United States Constitution. 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 2 of 16
 

 Page 3 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

VENUE

3.

Venue is appropriate in this Court pursuant to 28 USC § 1391 because the events giving 

rise to this complaint occurred in Marion County, Oregon. In addition, McHugh is a resident of 

Marion County, Oregon. 

4.

Gemtext and CFTC conduct regular, substantial and sustained business activity in the 

state of Oregon, including, but not limited to, Marion County. At all times relevant, Gemtext 

and CFTC employed McHugh to perform work in Marion County, Oregon. Gemtext and CFTC 

each, and together, constituted McHugh’s joint employers. While so employed, McHugh 

worked exclusively for, and was subject to the direction and control of, Gemtext and CFTC.

FACTUAL ALLEGATIONS

5.

Each corporate defendant’s corporate registration lists Navidi as a registered agent and/or 

member. Upon information and belief, Navidi possesses a controlling interest in, and exercises 

operation control over, each and every corporate defendant. 

6.

Gemtext and CFTC comprise one single integrated enterprise. They have (1) interrelated 

operations, (2) common management, (3) centralized control of labor relations, and (4) common 

ownership or financial control. This single integrated enterprise also shares a common business 

purpose – facilitation of the recycling and redistribution of used clothing and other items by 

coordinating donation efforts and fundraising events – in several states, including Oregon and

and Washington. Upon information and belief, the aforementioned integrated enterprise enjoys a

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 3 of 16
 

 Page 4 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

gross volume of sales in excess of $500,000 and is engaged in commerce. While working for 

these entities McHugh was involved in interstate commerce.

7.

Gemtext and CFTC were McHugh’s employers for purposes of the FLSA and Oregon 

wage-and-hour and anti-retaliation laws. Among other factors, Gemtext and CFTC had the right to 

control the manner and means by which McHugh performed her duties, the parties understood their 

relationship to be that of employee-employer, and McHugh’s wages were subject to withholding for 

payroll taxes such as workers’ compensation and unemployment insurance. These entities were in an 

employee-employer relationship with McHugh, who was entitled to the protections of the

aforementioned laws. Gemtext and CFTC are individually and jointly-and-severally liable as to each 

of the claims asserted against them.

8.

On or around September 24, 2014, McHugh was hired by Gemtext to work for CFTC in 

the position of “event planner.” Her primary duties included: creating and maintaining 

relationships with non-profit organizations; working with those organizations to coordinate the 

maximum number of fundraising events comprised of the collection of clothing; and facilitating

all aspects of the collection efforts. McHugh performed these duties almost exclusively from her

home, consistent with her agreement with Gemtext and CFTC. 

9.

Upon information and belief, Lamborn was employed as a manager with Gemtext and/or 

CFTC, and functioned as McHugh’s supervisor on behalf of Gemtext and CFTC. 

10.

Under the parties’ agreement, McHugh was to be compensated according on a

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 4 of 16
 

 Page 5 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

commission-basis: $.05 per pound of clothing collected at each fundraising event.

11.

During the tenure of McHugh’s employment, she routinely worked between twenty and 

forty hours per week. At times, she worked in excess of forty hours per week.

12.

On or around October 7, 2014, McHugh received signed commitments from two 

organizations to hold fundraising events. On or around October 14, 2014, she received verbal 

commitments from two additional organizations, the Willamette Humane Society and HOME 

Youth Shelter, to hold fundraising events on a quarterly basis, beginning immediately. 

13.

On or around October 16, 2014, McHugh e-mailed Kari Groshell, a Gemtext and/or 

CFTC management employee, and requested that she identify the basis on which McHugh’s 

employment was exempt from minimum wage and hour requirements. 

14.

On or around October 20, 2014, McHugh received an e-mail from Navidi, in which she 

purported to provide statutory authority for “outside salespersons” being exempt from minimum 

wage and hour requirements. In that e-mail she stated that McHugh was considered an “outside 

salesperson.” Lamborn was “cc’ed” on this e-mail.

15.

Under the FLSA and Oregon law, “outside sales” do not include sales made by mail,

telephone, or the internet unless such contact is merely as an adjunct to personal calls. Any fixed 

site, whether home or office, used by a salesperson as a headquarters or for telephonic 

solicitation of sales is considered one of the employer’s places of business, even though the 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 5 of 16
 

 Page 6 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

employer is not in any formal sense the owner or tenant of the property. US Department of 

Labor Wage and Hour Division Fact Sheet #17F: Exemption for Outside Sales Employees Under 

the Fair Labor Standards Act (FLSA).

16.

On or around October 20, 2014, McHugh e-mailed Navidi and communicated her belief 

that her position was not properly classified as exempt from minimum wage and hour 

requirements. McHugh noted that she did not sell anything pursuant to her position, and that she

did not spend the majority of her worktime away from the office. McHugh asked Navidi if she 

would be willing to contact the Bureau of Labor and Industries (“BOLI”) to resolve this issue. 

17.

Later that day, Navidi sent McHugh an e-mail stating that she had consulted with BOLI 

and Gemtext and/or CFTC attorneys, and had been assured that McHugh’s position satisfied the 

criteria for an “outside salesperson.” Lamborn was “cc’ed” on this e-mail.

18.

Later that day, McHugh submitted an e-mail to BOLI in which she summarized her 

position, job duties, and belief that she was not appropriately classified as an exempt employee. 

19.

On or around October 21, 2014, McHugh received an e-mail from a BOLI representative. 

The e-mail noted that in order to determine whether McHugh was an exempt employee, she

needed to file a wage claim for the wages she believed she was owed.

20.

On or around November 10, 2014, McHugh received a third signed commitment from 

another organization to hold a fundraising event. Around this time, she received another

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 6 of 16
 

 Page 7 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

commitment via e-mail, in addition to a verbal commitment from South Salem High School.

21.

On or around November 11, 2014, McHugh received a telephone call from Lamborn. 

During this conversation, Lamborn asked McHugh if she had an issue with the Gemtext and/or 

CFTC pay structure. She then asked McHugh if she “really wanted to work for this company.” 

McHugh responded that she did want to work for the company and also had a problem with the 

pay structure. McHugh stated that the only way to resolve the pay structure issue would be for 

her to file a wage claim with BOLI, and that she may file such a claim. 

22.

On or around November 12, 2014, McHugh received a telephone call from Navidi, 

during which she terminated McHugh’s employment. The reason Navidi gave for McHugh’s

termination was that she was “not a good fit.” At that point in time, none of the fundraising 

events McHugh had coordinated had yet taken place. During this conversation, Navidi told 

McHugh, “I know you have an event scheduled for November and you’ll get the money for that 

event.” She didn’t mention the other two events for which McHugh had received written 

commitments, or events relating to the verbal commitments McHugh had previously received.

23.

On or around December, 2014, McHugh received $306.20 for the November event. This 

is the only compensation she ever received for her employment with Gemtext and CFTC. 

Subsequent to the termination of her employment, McHugh served Gemtext and CFTC with a 

wage notice alleging the basis on which she was owed wages and an estimate of the wages she 

was owed. 

/ / / 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 7 of 16
 

 Page 8 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

FIRST CLAIM – VIOLATIONS OF FLSA

McHugh against defendants Gemtext Portland, LLC; Gemtext USA, LLC; Clothes for the 

Cause LLC.

(Count 1 - Failure to Pay Overtime Compensation under FLSA)

24.

McHugh incorporates and re-alleges paragraphs 1 through 23 by this reference. Pursuant 

to 29 USC § 207, “no employer shall employ any of his employees who in any workweek is 

engaged in commerce or in the production of goods for commerce, or is employed in an 

enterprise engaged in commerce or the production of goods for commerce, for a workweek 

longer than forty hours unless such employee receives compensation for his employment in 

excess of the hours above specified at a rate not less than one and one-half times the regular rate 

at which he is employed.” Defendants willfully violated these provisions when they failed to 

compensate McHugh at a rate not less than one and one-half times the regular rate of pay for 

hours worked in excess of 40 hours per workweek. 

25.

Pursuant to 29 U.S.C. § 207, McHugh is entitled to overtime compensation for the overtime 

hours worked for which she has not been compensated, in an amount to be determined at trial. 

Pursuant to 29 U.S.C. § 216(b), McHugh is also entitled to an equal amount in liquidated damages in 

addition to reasonable attorney fees and costs, each in an amount to be determined at trial.

(Count 2 – Failure to Pay Minimum Wage under FLSA)

26.

McHugh incorporates and re-alleges paragraphs 1 through 25 by this reference. Pursuant 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 8 of 16
 

 Page 9 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

to 29 USC § 206, “Every employer shall pay to each of his employees who in any workweek is 

engaged in commerce or in the production of goods for commerce, or is employed in an 

enterprise engaged in commerce or in the production of goods for commerce, wages at the 

following rates: ...not less than” $7.25 per hour effective 2009. Defendants willfully violated 

this provision when they failed to pay McHugh at least minimum wages for all hours worked.

27.

Pursuant to 29 USC § 206, McHugh is entitled to compensation for her unpaid minimum 

wages, in an amount to be determined at trial. Pursuant to 29 USC § 216(b), McHugh is also 

entitled to an equal amount in liquidated damages in addition to reasonable attorney fees and 

costs, each in an amount to be determined at trial.

(Count 3 – Retaliation Under FLSA)

28.

McHugh incorporates and re-alleges paragraphs 1 through 27 by this reference. Pursuant 

to 29 USC § 215(a), “It shall be unlawful for any person (3) to discharge or in any other manner 

discriminate against any employee because such employee has filed any complaint or instituted 

or caused to be instituted any proceeding under or related to this chapter, or has testified or is 

about to testify in any such proceeding, or has served or is about to serve on an industry 

committee.” Defendants willfully violated this provision when they discharged, and 

discriminated against, McHugh in retaliation for the FLSA-protected activity in which she 

engaged.

29.

Pursuant to 29 USC § 216(b), McHugh is entitled to her lost wages, liquidated damages

and compensatory damages, in addition to reasonable attorney fees and costs, each in an amount 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 9 of 16
 

 Page 10 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

to be determined at trial.

SECOND CLAIM – VIOLATIONS OF STATE WAGE AND HOUR LAWS

McHugh against defendants Gemtext Portland, LLC; Gemtext USA, LLC; Clothes for the 

Cause LLC.

(Count 1 – Violation of Minimum Wage Laws)

30.

McHugh incorporates and re-alleges paragraphs 1 through 29 by this reference. Pursuant 

to ORS 653.055: “Any employer who pays an employee less than the wages to which the 

employee is entitled under ORS 653.010 to 653.261 is liable to the employee affected: (a) For 

the full amount of the wages, less any amount actually paid to the employee by the employer; 

and (b) For civil penalties provided in ORS 652.150.” Pursuant to ORS 653.025, “for each hour 

of work time that the employee is gainfully employed, no employer shall employ or agree to 

employ any employee at wages computed at a rate lower than...[f]or calendar years after 2003, a 

rate adjusted for inflation. For the year 2014, Oregon minimum wage was set at the rate of $9.10

an hour. Defendants willfully violated these provisions when they failed to pay McHugh at least 

minimum wages for all hours worked.

31. 

Pursuant to ORS 653.025 and 653.055, McHugh is entitled to compensation for her 

unpaid minimum wages, in an amount to be determined at trial. Pursuant to ORS 653.055 and 

ORS 652.150, she is also entitled to penalty wages. Pursuant to ORS 653.055(4) and ORS 

652.200, McHugh is also entitled to her reasonable costs and attorney fees.

(Count 2 – Violation of Overtime Laws)

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 10 of 16
 

 Page 11 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

32. 

McHugh incorporates and re-alleges paragraphs 1 through 31 by this reference. Pursuant 

to ORS 653.261 and OAR 839-020-0030, “all work performed in excess of forty (40) hours per 

week must be paid for at the rate of not less than one and one-half times the regular rate of pay 

when computed without benefits of commissions, overrides, spiffs, bonuses, tips or similar 

benefits pursuant to ORS 653.261(1).” Defendants willfully violated this provision when they 

failed to compensate McHugh at a rate not less than one and one-half times the regular rate of 

pay for hours worked in excess of 40 hours per week, as required.

33. 

Pursuant to ORS 653.261 and OAR 839-020-0030, McHugh is entitled to compensation 

for unpaid overtime, in an amount to be determined at trial. Pursuant to ORS 653.055 and ORS 

652.150, she is also entitled to penalty wages. Pursuant to ORS 653.055(4) and ORS 652.200, 

McHugh is also entitled to her reasonable costs and attorney fees.

(Count 3 - Failure to Pay Wages Upon Termination of Employment)

34.

McHugh incorporates and re-alleges paragraphs 1 through 33 by this reference. Pursuant 

to ORS 652.140, an employee is entitled to all wages unpaid and owing at termination of 

employment. Pursuant to ORS 652.150, an employee is entitled to payment of those wages and 

up to 30 days’ penalty wages in addition to reasonable attorney fees and costs (penalty wages 

being defined as eight hours pay for each day that wages remain unpaid, subject to a cap of 30 

days’ penalty wages).

35.

At the time of the termination of her employment with defendants, McHugh was owed 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 11 of 16
 

 Page 12 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

unpaid minimum wage and overtime compensation under the FLSA and state wage and hour laws. 

That compensation was not timely paid upon termination of her employment, as required under ORS 

652.140 and ORS 652.150. 

36.

Pursuant to ORS 652.140 and ORS 652.150, McHugh is entitled to payment of her 

unpaid minimum wage and overtime compensation, plus 30 days’ penalty wages, all in an 

amount to be determined at trial. Pursuant to ORS 652.200, McHugh is also entitled to her 

reasonable costs and attorney fees. 

THIRD CLAIM –VIOLATIONS OF ORS 659A.199

McHugh against defendants Gemtext Portland, LLC; Gemtext USA, LLC; Clothes for the 

Cause LLC; Sandy Navidi; Laura Lamborn

(Count 1 – Retaliation – Against defendants Gemtext Portland, LLC; Gemtext USA, LLC; 

Clothes for the Cause LLC)

37.

McHugh incorporates and re-alleges paragraphs 1 through 36 by this reference. 

According to ORS 659A.199(1) it is an unlawful employment practice “for an employer to 

discharge, demote, suspend or in any manner discriminate or retaliate against an employee with 

regard to promotion, compensation or other terms, conditions or privileges of employment for 

the reason that the employee has in good faith reported information that the employee believes is 

evidence of a violation of a state or federal law, rule or regulation.”

38.

Defendants willfully violated this statute when they subjected McHugh to retaliation and,

ultimately, discharge based on her whistleblowing, and thereby adversely affected the 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 12 of 16
 

 Page 13 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

compensation, terms, conditions, and/or privileges of her employment. 

39.

As a result of defendants’ whistleblower-related retaliation, McHugh requests equitable 

relief and economic damages, including back pay, benefits, and front pay, in an amount to be 

determined at trial, with interest, along with compensatory and punitive damages in an amount to 

be determined at trial. 

40.

Pursuant to ORS 659A.885, McHugh is entitled to her reasonable attorney fees and costs 

in this action.

(Count 2 – Aiding and Abetting Retaliation - Against defendants Sandy Navidi; Laura 

Lamborn)

41.

McHugh incorporates and re-alleges paragraphs 1 through 40 by this reference. 

According to ORS 659A.030(1)(g) it is an unlawful employment practice for “any person, 

whether an employer or an employee, to aid, abet, incite, compel or coerce the doing of any of 

the acts forbidden under [ORS 659A] or to attempt to do so.”

42.

Defendants Navidi and Lamborn violated this statute when they aided and/or abetted 

defendants in their whistleblower-related retaliation of McHugh, and thereby adversely affected 

the compensation, terms, conditions and/or privileges of McHugh’s employment.

43.

As a result of defendants’ aiding and abetting activities, McHugh requests equitable relief 

and economic damages, including back pay, benefits, and front pay, in an amount to be 

determined at trial, with interest, along with compensatory and punitive damages in an amount to 

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 13 of 16
 

 Page 14 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

be determined at trial. 

44.

Pursuant to ORS 659A.885, McHugh is entitled to her reasonable attorney fees and costs

in this action.

WHEREFORE, McHugh demands the following for her claims for relief which is more 

specifically set forth under the various claims:

1. First Claim for Relief – McHugh against defendants Gemtext Portland, LLC; 

Gemtext USA, LLC; Clothes for the Cause LLC. 

A. Count 1 – Unpaid overtime compensation and liquidated damages in an amount to 

be determined at the time of trial, in addition to reasonable attorney fees and costs 

pursuant to 29 USC § 216(b).

B. Count 2 – Unpaid minimum wage compensation and liquidated damages in an 

amount to be determined at the time of trial, in addition to reasonable attorney 

fees and costs pursuant to 29 USC § 216(b).

C. Count 3 – Unpaid wages, liquidated damages and compensatory damages, each in 

an amount to be determined at the time of trial, in addition to reasonable attorney 

fees and costs pursuant to 29 USC § 216(b).

2. Second Claim for Relief – McHugh against defendants Gemtext Portland, LLC; 

Gemtext USA, LLC; Clothes for the Cause LLC. 

A. Count 1 – Unpaid minimum wage compensation, and penalty wages, in an 

amount to be determined at trial, as well as any equitable relief deemed 

appropriate by the court, in addition to reasonable attorney fees and costs pursuant 

to ORS 652.200, ORS 652.140 and ORS 652.150.

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 14 of 16
 

 Page 15 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

B. Count 2 – Unpaid overtime compensation, and penalty wages, in an amount to be 

determined at trial, as well as any equitable relief deemed appropriate by the 

court, in addition to reasonable attorney fees and costs pursuant to ORS 652.200, 

ORS 652.140 and ORS 652.150.

C. Count 3 – Unpaid minimum wage and overtime compensation, and penalty 

wages, in an amount to be determined at trial, as well as any equitable relief 

deemed appropriate by the court, in addition to reasonable attorney fees and costs 

pursuant to ORS 652.200, ORS 652.140 and ORS 652.150.

3. Third Claim for Relief – McHugh against defendants Gemtext Portland, LLC; 

Gemtext USA, LLC; Clothes for the Cause LLC; Sandy Navidi; Laura Lamborn. 

A. Count 1 – Against defendants Gemtext Portland, LLC; Gemtext USA, LLC; 

Clothes for the Cause LLC – Equitable relief and economic damages, including 

back pay, benefits and front pay, in an amount to be determined at trial with 

interest, along with compensatory and punitive damages, in an amount to be 

determined at trial, along with her reasonable costs and attorney fees incurred in 

this matter pursuant to ORS 659A.885.

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

/ / /

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 15 of 16
 

 Page 16 of 16 – COMPLAINT

JON H. WEINER, Attorney at Law

Of Counsel to Harris Law Firm, P.C.

1415 Commercial Street SE, Salem, OR 97302

Tel. (503)399-7001 Fax (503)399-0745

B. Count 2 – Against defendants Sandy Navidi; Laura Lamborn – Equitable relief 

and economic damages, including back pay, benefits and front pay, in an amount 

to be determined at trial with interest, along with compensatory and punitive 

damages, in an amount to be determined at trial, along with her reasonable costs 

and attorney fees incurred in this matter pursuant to ORS 659A.885.

DATED this 19th day of June, 2015.

/s/ Jon Weiner

Jon Weiner, OSB #993944

jweiner@nw-attorneys.com

Harris Law Firm, P.C., Of Counsel 

1415 Commercial St SE

Salem, OR 97302

Tel: (503) 399-7001

Fax: (503) 399-0745

Of Attorneys for Plaintiff

Case 6:15-cv-01208-AA Document 1 Filed 07/01/15 Page 16 of 16