MARION COUNTY, OR – A former Oregon Department of Transportation employee who reported “gross mismanagement” during the implementation of a new payroll system for state employees will receive $465,000 in damages and lost wages from the State of Oregon to resolve his whistleblower retaliation lawsuit.
HKM Employment Attorneys representa a Soraida Lopez Rivas, una trabajadora que está demandando a Stellae International Inc. por no pagar salarios semanalmente como lo exige la Ley Laboral de Nueva York.
– HKM Employment Attorneys represents Soraida Lopez Rivas, a worker who is suing Stellae International Inc. for its failure to pay wages on a weekly basis as required by New York Labor Law.
In response to the 2025 executive orders and agency actions that threaten employee rights, HKM Employment Attorneys LLP is stepping up to provide free legal aid to LGBTQ+ individuals and others who may be facing workplace discrimination.
Jury finds systemic wage violations for more than 33,000 hourly employees in Washington state based on unlawful timeclock rounding and second meal period violations. SEATTLE, WA — The judgment in Bennett, et. al v. Providence Health & Services, was entered in King County Superior Court today, the culmination of a two-week trial which took place late last month. Providence is ordered to pay more than 33,000 of its hourly employees
You are the spouse of a member of the military. Not only has your spouse sacrificed for his or her country by always being ready to defend it, but you have sacrificed your family life for the country, as well. We thank you and salute you. In addition to our thanks and admiration, the state of Washington provides you with additional benefits as a spouse of someone serving in the
Many Colorado employers have programs that allow their employees to essentially donate their accrued paid time off (PTO), including sick leave and vacation days, to co-workers who are experiencing health or family emergencies or serious medical issues. Not only do these leave-donation programs promote the ultimate level of goodwill amongst coworkers, they also help to maintain productivity in the workplace, while allowing employers to allow their employees during times when
After a total of 29 employees of a hospital in Montrose, Colorado were either fired or forced to resign, the question of whether the hospital violated federal law was posed by the U.S. Equal Employment Opportunity Commission (EEOC). All of the employees who were terminated from employment or forced to resign were aged 40 and older, and many of them had worked for the hospital for 10 to 20 or
Over the past few years, the Missouri Department of Corrections has gobbled up headlines for being one of the most female-unfriendly places to work in the state. Now, yet another employee has come forward having filed a hostile work environment and sexual discrimination and harassment claim against the DoC. Tina Gallego is alleging that she was sexually harassed and poisoned by male guards at the Kansas City Re-Entry Center. Gallego
Uber drivers are generally considered independent contractors. As independent contractors, they are not entitled to certain benefits that employees generally get. There are certain lawsuits that they cannot file against their employers, they are not subject to minimum wage or overtime requirements, and lastly, they are not entitled to unemployment. However, New York State has issued Uber a major blow, ruling that their drivers are entitled to receive unemployment benefits.
Jayla Tolliver and Taylissa Marriott, two black teens attending Swope Middle School, say that despite reporting several instances of racial abuse and harassment, school officials showed indifference toward their complaints and did not address their concerns in a helpful manner. Several lawsuits have set the precedent here that children in a school setting do not have their constitutional rights suspended simply because they are at school. The same laws and
Oregon has recently raised the minimum wage for employees. Governor Brown signed into law an increase in Oregon minimum wage on March 2, 2016, and the law came into effect on July 1, 2016. According to the new Oregon minimum wage law, minimum wages vary according to the area of business operating within the state. The employers that are situated within an urban growth margin of a specific metropolitan service
When an employee of NBC Universal (NBCU) reported that she was being subjected to unwelcome sexual remarks while on the job, the company did not investigate the allegations to her satisfaction. Instead, she claims, her supervisor retaliated against her for making the report, and she ultimately lost her job altogether. In the end, a California court will decide whether or not NBCU appropriately dealt with the harassment report, and how
Former neurosurgery resident, Rylan Brantl, is suing his former employer, the University of Missouri, for $50 million. Brantl alleges that the chief of neurosurgery, N. Scott Litofsky, harassed and fired him without good cause. He further alleges that Litofsky created a hostile work environment during the years that Brantl worked there, between 2008 and 2013. In the lawsuit, Brantl says he was forced to repeat a year of his residency
A healthcare non-profit in Springfield, Missouri under fire from federal authorities amid allegations of bribery and kickbacks to Arkansas lawmakers. At the same time that Preferred Family Healthcare was lavishing Arkansas legislators with massive amounts of money, the company was refusing to pay its employees overtime wages. According to the lawsuit filed by Frances Smith, Preferred Family Healthcare (PFC) neglected to pay her overtime regardless of how many hours she
As mentioned in a previous post, with the schools out on summer vacation, many students are looking for summer jobs. At the same time, a number of employers looking to hire young people for positions because young workers tend to require less pay and there is no long-term commitment when hiring what amount to seasonal workers. While it is generally encouraged to hire young people so that they can gain
Among the most common labor disputes are those in which employees are misclassified in one form another. The majority of employees are eligible for minimum wage benefits, workers comp, and overtime. However, some employees are not eligible for overtime, and independent contractors, who are presupposed to be business owners, are not entitled to any of those. Most recently, Cerner Corporation attempted to fight off a class-action misclassification lawsuit in which
The Muller case established the principles of equal and fair pay in the courts, including minimum wages in Oregon. There are a number of exceptions to the minimum wage laws in Oregon. The first is known as the executive exemption. Under these rules, those who are in executive positions do not fall within the listed occupations for the minimum wage laws. The main reason for this is that it is
Former assistant track and field coach, Carjay Lyles, is sueing Mizzou over racial discrimination that he alleges he experienced during his time at the university. Carjay Lyles says he faced several instances of discrimination during his four years coaching at the university between 2013 and 2017. The lawsuit names head coach Brad Halter, associate director of compliance Mitzi Clayton, and the board of curators. Lyles says that Halter referred to black
In the wake of the #MeToo movement, sexual harassment and misconduct lawsuits have taken center stage across a nation that has had to take a hard look in the mirror. In terms of lawsuits, companies can be held liable when an employee files a complaint against a co-worker or a superior who is employed by the company and the company fails to take action. According to the law, every employee
School is out and people are spending time this summer doing other things. For many students, this means looking for a summer job. It allows them to earn extra money while spending their time productively. A number of seasonal businesses, like ice cream stores that bulk up staff during the summer, are all potential landing spots for students. Many of these students are minors. Consequently, child labor laws kick in
The principal of an Illinois high school recently settled a lawsuit against the district alleging sex discrimination. Karen Gauen, who will retire after this school year ends, sued the school district, claiming that she was paid less money than her male predecessor. The $200,000 settlement was unanimously approved by the school board. Gauen, who expressed regret over suing the school district, had originally sought $1.5 million in damages. The district,
Most employee discrimination lawsuits involve an employer who uses discriminatory hiring practices to weed out potential hires. In certain circumstances, a hostile work environment is created by a company-wide culture of discrimination. There is another class of employment law altogether that relates not to protected people but to protected actions. These often involve a company retaliating against an employee for filing a complaint or blowing the whistle on an illegal
If privacy is an issue that has started to cause you concern, you are not alone. In Oakland, California, a trio of concerned citizens has decided not to sit back and wait for the technology industry to figure out how to safeguard personal information. Instead, they have worked to put an initiative – The California Consumer Privacy Act of 2018 – on the ballot. If it passes, it will boost
The popular casino chain, Dotty’s, was forced to settle a $3.5 million claim alleging disability discrimination earlier this month. The EEOC claimed the Dotty’s was in violation of the Americans with Disabilities Act. Lawyers for the EEOC alleged that Dotty’s fired or forced employees to quit because they were considered disabled, had a record of disability, or were associated with someone else who had a disability. This constitutes a bizarre
Oregon, like most states in the USA, applies two different rules for small businesses and large enterprises. The indicator that is used for deciding whether a company is a small or large employer is the number of employees it has on its books. According to Oregon health insurance rules, only companies that have at least 50 employees are required to provide health insurance to their workers and the dependents of
In the United States women currently, represent 47% of the nation’s workforce. These women dominate the physical therapy, speech therapy, and social work industries,s with their numbers expected to increase. Perhaps most importantly, 70% of women in the workforce have children under the age of 18 and 40% of these women are the primary or sole income source in their household. For these women, the reality of discrimination is something
Misclassification lawsuits are among the most common labor disputes between employers and employees. Often, employees are misclassified as independent contractors for the sake of improving a company’s bottom line. The law draws a firm distinction between an independent contractor and an employee, though sometimes that line is admittedly blurry. One such profession that sees individuals take jobs as both employees and independent contractors is truck driving. A truck driver working
Misclassification lawsuits generally involve the intentional classification of a laborer as an independent contractor as opposed to an employee. Since employees benefit from things like minimum wage and mandatory time and a half for overtime, companies that classify laborers as contractors can work around such restrictions. However, misclassification lawsuits can be filed when an employer underpays a worker for any reason. Wage theft lawsuits can and do fall under the
The #MeToo movement continues to see aftershocks ripple across various industries. The latest is from McDonald’s employees in nine different states. That includes one right here in Missouri. 10 McDonald’s employees are alleging sexual assault or harassment within McDonald’s franchises. A St. Louis teenager is alleging unwanted groping, unwanted sexual propositions, indecent exposure, and lewd comments by supervisors. She is one of 10 women across the U.S. who is saying
After multiple incidents of African-American patrons having the police called on them at various Starbucks, the company took a day off from business to offer its employees “implicit bias training.” Implicit bias training is a controversial method of making individuals aware of their ingrained biases, prejudices, and negative reactions to others. The program, while notable because of Starbucks, has been used by corporate giants such as Google and Facebook for
Sexual discrimination can come in many forms. When firefighters decided to fight back against it in California, they made the case that it is impossible to successfully complete their mission when suffering the impacts of this devastating and illegal form of discrimination. In each case, reporting the discrimination resulted in retaliation. What We Know About Retaliation Researchers have determined that three in four reported cases of sexual harassment result in
In 1923, suffragettes and women’s rights activists drafted the Equal Rights Amendment. It was introduced into every session of Congress thereafter until 1973 when it passed in both the House of Representatives and the Senate. Immediately thereafter, 22 states ratified the amendment. However, the Constitution requires 38 states vote to ratify a new amendment to the Constitution. In 2017, Nevada became the 36th state to ratify the Equal Rights Amendment.
Current labor laws, both from state and federal levels, were enacted to provide employees with rights while working for an employer. Specifically, labor laws clarify certain employer obligations to employees. These laws are codified under both state and federal codes and those laws are used to enforce rules and settle disputes. These laws can be traced to the post-Civil War and Industrial Revolution eras wherein growing labor unrest led to
Kate Brown, the Oregon Governor, signed H.B. 2005 into law on June 1, 2017. The passed law is also known as the Oregon Equal Pay Act of 2017. The law involves the restrictions that have been in place on salary history inquiries, expanding the remedies that exist for all the employees and the safe harbor given to volunteer employers who have assessed their payment practices to eliminate any discriminatory policies.
While Jeff Bezos rakes in billions of dollars, employees at Amazon warehouses complain of poor compensation and dangerous working conditions. Now, one Amazon warehouse contractor has been sued by employees and forced to settle for a reported $1.9 million. The plaintiffs supplied a litany of allegations against California Cartage Co., a logistics contractor, and a group of staffing companies that housed Amazon products. Those included: Wage theft; Failure to comply
As the average age of working adults has started to increase, so have the number of age-related discrimination claims. Incidents of ageism are not always overt, and many victims have a difficult time recognizing that they are being subjected to true discrimination. Unfortunately, one of the common consequences of workplace ageism is that victims become less confident in their ability to perform their job functions, causing them to quit. Many
A former Uber employee is suing the company for what she claims is a pay discrimination lawsuit. She is further alleging sexual harassment and racial discrimination against the company. Ingrid Avendaño worked as an Uber driver for three years beginning in 2014. Avendaño’s lawsuit alleges that Uber did not do enough to address complaints concerning sexual harassment. This came a week after Uber announced it would no longer force passengers
A new racial discrimination lawsuit against the Kansas City Fire Department is going to Federal Court. The case involves the interests of African-American firefighters in Kansas City who have been routinely passed up for promotions, despite the fact that these individuals appear to have the necessary qualifications for the job, the requisite experience, and the time served. Now, another case will be heard in front of a federal and not
Fox News has been forced to dish out nearly $10 million in settlements for multiple lawsuits that allege both gender and racial discrimination. Most of the suits brought against Fox alleged racial discrimination, but some alleged gender discrimination and retaliation. The deal was announced on May 16th. It was, however, the sexual harassment lawsuits against Roger Ailes and notable pundit Bill O’Reilly late last year that made major headlines. O’Reilly
The U.S. Senate passed a bill co-authored by Missouri congressman Roy Blunt that effectively modernized the process of reporting sexual harassment on Capitol Hill. The bill was backed by both Republican and Democratic leaders. The law will replace legislation passed in 1995 called the Congressional Accountability Act. Proponents of the new measure called the old legislation an “antiquated policy” that forced accusers into mandatory counseling and mediation, among other things.
The current happenings in the city of Seattle are a good example of joint employment circumstances. At the moment, there are 10 skyscrapers that are under construction, reflecting the surge of construction in the Seattle area over the past several years. This surge of construction brings legal questions regarding joint employment and employee rights in those situations. Large Construction Project Suppose a large construction project is underway. The city awards
Oregon has recently employed a predictive scheduling system to control working hours. The trade unions in Oregon have been mainly supportive of the work schedules. However, they are well aware that employers will take advantage of every loophole possible. Therefore, these trade unions have been encouraging workers to report any cases of abuse as well as retaliation against those who report malpractice. Even then, the implementation of the work schedules
Union representation at the bargaining table does not come for free. While union membership is a personal decision, paying for the unions is not optional in California. However, the United States Supreme Court may soon change that, and if it does, California will have to make some changes to the way unions do business. If you have concerns related to unions in California, a local employment attorney should be consulted.
When sending a text message, one of the many things lost in translation is inflection. Words, by their very nature, lend themselves to interpretation. Not only is it harder to communicate via text, it is harder to get a feel for the meaning behind what people are saying. If we know the person well, that is one thing. When texts are shared between coworkers, that can be quite different. Consider
The career of a firefighter is mentally stressful and filled with physical danger. Firefighters are at greater risk of developing heart disease, cancer, and certain types of chronic respiratory disorders. Currently, being a firefighter is one of the most dangerous jobs in the United States with high levels of Post-Traumatic Stress Disorder (PTSD) reported, and some Colorado firefighters were forced to deal with the additional stress of racial discrimination. The
You are expecting. You have a baby bump, made arrangements for a baby shower, are busy shopping for a crib, checking out the latest in strollers, and are just plain excited. However, despite the excitement, you may be concerned with your job status. How will your employer accept your time off for maternity leave? How will your co-workers react to you missing substantial time in the office? Family Leave Act
The EEOC initiated a lawsuit against Albertsons Pharmacy for a policy that prohibits employees from speaking Spanish while on the job. The Albertsons in question is located in San Diego, but recently, other cases involving prohibitions on certain hairstyles have garnered national attention in the media. Recently, a judge ruled that while employers cannot discriminate against a person because of his or her race, they can discriminate against a person
The so-called gig economy has made it much easier for employers to claim that their hired labor is made up of independent contractors as opposed to employees. The distinction is important because employees are entitled to a host of benefits to which independent contractors are not entitled. That includes the right to overtime pay, health insurance, workers’ compensation, and the right to sue under certain forms of discrimination. In other
Every employer has the potential to be sued by one or more employees; in a sense, it is often the price of doing business. When a company experiences multiple class action suits on a regular basis, however, is it a sign of a bigger problem? Suits Against Walmart A number of lawsuits have plagued Walmart over the years, spanning a variety of employee complaints. A handful of these suits include:
Betsy Whipple, a former Merrill Lynch stockbroker, levied a blistering complaint against the brokerage firm last month. Whipple, who originally worked for Morgan Stanley, boasted a book of business worth over $20 million. The complaint accuses Merrill Lynch of gender discrimination but lists a number of other complaints that range from theft of services to breach of contract. When Whipple began at Merrill Lynch, the firm miscoded her commission at
Although an employer has some discretion to select certain employees for redundancy, they must exercise any employer action in such a way that does not break Oregon employment law. The state has laid out certain procedures that must be followed. However, there is also an expectation that the employer will handle this sensitive process in a fair and mature way. Failure to follow the rules can lead to a successful
The Donald Danforth Plant Science Center recently dismissed one its researchers amid complaints of workplace sexual harassment. Since the #MeToo social media movement raised awareness around the perils of simply being a woman in the workplace, workplaces have been under scrutiny to address the problem of sexual harassment. Those that do not could find themselves on the wrong end of a lawsuit. Those that do can avoid one entirely. Danforth
In what some are calling a victory for the working disabled, The Hertz Corporation has agreed to settle a disability discrimination lawsuit filed against its Denver, Colorado car sales division. The initial lawsuit drew attention to a continuing problem throughout the United States – the inability of those with physical disabilities to gain employment. Though Hertz originally believed that their employee and location did not do anything discriminatory, the company
Missouri is one of a number of states that does not include protections for the LGBTQ community in terms of civil rights issues such as workplace discrimination. That, however, could change as the Missouri Supreme Court will decide whether the Missouri Human Rights Act should extend beyond race, religion, nation of origin, sex, disability, and age. Legislative attempts to extend anti-discrimination protections to sexual orientation and gender identity have proven
It is pretty tough to find someone these days who does not have a Facebook account. So, when reports broke of data sharing without individuals’ knowledge, let alone permission, it opened up Facebook to a flurry of legal action. If you have serious concerns on this score, a local attorney can help. What is the Problem? While the investigation into the facts of the matter is still ongoing, the things
For the past 50 years, it has been illegal for employers to offer one salary to a woman and a different salary to a man, given all other aspects of a situation being equal. That is to say, it is illegal to discriminate against women by offering them a lower salary than their male counterparts. However, what happens when a company offers employees salaries based on their previous employment? That
When delivery courier service Dynamex decided to convert its drivers in California to independent contractors, one employee chose to challenge the legality of this action. With a court ruling condemning the activities of Dynamex, the viability of businesses in a gig economy in the Golden State has come into question. Court Findings The Court’s decision was based on the premise that when businesses misclassify employees, it is a dangerous practice
You are having a baby. Congratulations! If you are a working mother and are expecting a child, you have rights with respect to your employer. The Evergreen State provides certain protections to expecting mothers regarding how long they can take time off from work, how they will return to their jobs, and other rights. Washington State Family Leave Act Under the Washington State Family Leave Act, or the FLA, you
At some point in your working career, you may have witnessed or even been part of a workplace romance. Surveys show that 80% of employees in Oregon have either experienced or observed romantic affairs at work. Problems With Workplace Romance in Oregon Romantic affairs in the workplace are more common than you might imagine in Oregon. Employers have genuine reasons for worrying about dating among employees. Some of the risks
Norman Newton was actively recruited by Hertz for a sales position after they had spotted his resume online. Newton had over 10 years experience in car sales and Hertz appeared enthusiastic about scheduling him for an interview. When he got there, however, the manager who interviewed him expressed reservations about the fact that he required a cane to walk. Newton was passed up for the job and Hertz ended up
A black woman who had a job offer rescinded because she refused to change her hairstyle is hoping to take her case to the Supreme Court. Chastity Jones of Alabama was offered a job as a customer service representative in 2010. An HR manager later told Jones that dreadlocks “tend to get messy” and that she would need to change her hairstyle in order to be considered for the job.
When discrimination occurs in a systematic way and is directed toward a protected group within a company, it could result in a class action suit against that company. In the case of Google, female workers allege that the company has methodically discriminated against them, and they point to alleged pay disparities to make their point. Beyond the compensation issue, the women claim they were denied opportunities for growth within the
One of the casualties of Missouri’s SB 43 were protections for whistleblowers from employer retaliation. A Missouri Senate vote could restore some of those protections – at least for government employees. Whistleblowers were believed to be collateral damage in a wide-reaching and controversial tort-reform measure that sought to limit damages in employment discrimination lawsuits, while simultaneously raising the standard of proof in these cases. The bill, which caused an uproar
Over the last several years, the country has witnessed a change in the way people respond to sexual harassment and discrimination. The MeToo movement has encouraged victims of sexual assault and harassment to come forward while the Time’s Up movement draws attention to workplace harassment. Not only do these movements help increase public awareness, they also offer support to victims who are willing to confront the people or organizations responsible.
Employees can be fired, generally speaking, for any reason other than a handful of protections that are basic to civil rights or work against the public good. To that end, employees may not be fired on the basis of their skin color, religion, nation of origin, gender, or disability. In addition, employees cannot be fired for bringing to light crimes committed by their employer or making known any aspect of
Misclassification lawsuits are among the most commonly litigated labor disputes. They involve the misclassification of individuals that more closely fit the definition of an employee than an independent contractor. While employees are entitled to certain benefits, including overtime, independent contractors have the freedom to set their own hours and take or leave jobs. Sometimes, however, employers willfully misclassify employees as independent contractors, while simultaneously expecting them to report to work
The history of non-compete laws in Colorado is one filled with drama as employers and employees struggle to protect their financial interests. Employers in certain industries spend a large amount of money recruiting, training, and employing individuals with certain valuable skill sets. Once that person is no longer an employee, the last thing an employer wants is for a competitor to benefit from his or her investment. Non-compete laws provide
Washington State, like most states, is an at-will state with respect to labor and employment issues. This means that an employer can terminate the contract of an employee “at-will” without recourse. An employer can terminate an employee for no good cause, provided that the termination was not based on discrimination. To circumvent at-will employee status, there is a strategy that an employee can take, which is contracting as a “for
According to Title VII of the Civil Rights Act, an individual may not be discriminated against in the workplace based on race, sex, nation of origin, religion, or disability. For instance, if an individual was being harassed at work, being called racial slurs or sexually derogatory names and management allowed this to continue without addressing the problem, then that individual would have cause to sue under anti-discrimination laws citing a
The year 2017 will forever go down in history as the year that Hollywood came together and held the men in power accountable for failing to create safe, comfortable workspaces for everyone. Names like Harvey Weinstein, Louis C.K., Morgan Spurlock, and Kevin Spacey populated news headlines. A number of people came forward, making their voices heard and accusing them of sexual harassment, ultimately forcing them down from their thrones. Perhaps
In what has become a troubling trend for Missouri Department of Corrections, another employee has won a sexual harassment lawsuit against the department. The state paid out another $600,000 to settle a lawsuit brought on by Michelle Findley, a prison guard, who said that male employees referred to her using sexually derogatory names. Findley, who wears her hair short, was also called a lesbian and shown pictures of a penis.
In the aftermath of a trial that saw Karen Ray, a Jefferson County High School journalism teacher, awarded $225,000 in punitive damages for sexual and age discrimination, two new trials emerged targeting the very same school district. The original suit filed by Ray alleged that she had been bullied out of her job and endured threats from the administration. She said this resulted in a hostile work environment. Among the
A Washington State Business Employment Dynamics report, or BED, demonstrated continued growth in the labor market. In fact, the labor market has seen 29 consecutive quarters of a net increase in job growth. The strongest growth sectors within the local economy were in the following areas: Nursing; Software development and applications; and Computer programming. These areas show a developing economy outside of the traditional agricultural and tourism economies. With this
Mark Horton was working as the vice president of sales and marketing at Celtic Healthcare in Illinois when a recruiter hired by a Missouri firm, Midwest Geriatric Management thought he would be a good fit for an opening they had. Horton applied for the position and was well liked. He was offered the job. After accepting the position, the owners of MGM were enthusiastic about him taking the job. They
It began amid the allegations made by high-profile actresses against Harvey Weinstein. They reported that Weinstein had used his position as a producer and the co-founder of Miramax to lure aspiring actresses into his hotel room with promises that if they performed sexual favors for him, it would help their careers. In addition, at least 13 individual women accused Weinstein of rape or sexual assault. What followed was the #MeToo
David and Goliath? That is exactly the way some might view a battle with the federal government. Nonetheless, California is taking on the federal government in dozens of lawsuits based on court filings in 2017. Issues range from the environment to health care and on to immigration. The key claims revolve around the disproportionate harm that will fall to California if federal regulations are enforced. Clean Air Concerns Because the
The United States is a country of immigrants; it has been since its founding over 200 years ago. This concept led to the country adopting the descriptor of “melting pot,” as people from all over the world have come to the US and now live together. The same principle applies to the Evergreen State, especially with respect to farm workers. According to a 2015 Pew study, statistics show that more
11 women and one man are taking their case to Federal Court against the International House of Pancakes. The plaintiffs allege that managers at the IHOPs that they worked for in Glen Carbon and Alton, Illinois acted indifferently amid their numerous complaints of sexual harassment and misconduct against staff. The lawsuit comes at the same time that increased awareness concerning sexual harassment has made global headlines thanks to the #MeToo
When Jeff Schmeling’s TB test did not make it to his supervisor by the specified due date, he was fired. The California Department of Corrections thought the termination made perfect sense. The Third District Court of Appeals disagreed. Schmeling’s Perspective Schmeling knew that employees at the prison were required to submit annual test results indicating that they were not infected with tuberculosis. He was tested and assumed the nurse would
Reporting instances of inappropriate behavior to a supervisor, boss, or human resources administrator should not be a difficult process. Employees are entitled to a safe, comfortable workplace. More often than not, when sexual harassment lawsuits are brought to employment attorneys, it is because a company has failed the basic standard of protecting its employees in their workplace environment. It is even more disturbing when the workplace in question is administered
A janitorial company in Anaheim, California is the target of a lawsuit alleging payroll fraud. California Attorney General Xavier Becerra said the contractor One Source Facility Solutions, a subsidiary of a Pennsylvania-based company called USM, is an “unscrupulous company” whose business model is based on hiring subcontractors to serve their clients. Luckily for the more than 80 retailers that contracted with this company, it insulates them from being named in
Construction accidents are considered a “no-win” for all parties involved. The injured person will have to deal with the pain and agony of an injury followed by a recovery period; the employer will have to deal with labor issues, workers’ compensation, and the like. To prophylactically avoid labor force injury, the Washington State Legislature requires employers involved in potentially hazardous occupations to draft an accident prevention program, or APP. In
The Deferred Action for Childhood Arrivals (DACA) is a program designed for immigrants’ protection. It came as an executive order in 2012. The program was meant to allow certain undocumented immigrant minors in the United States to apply for protection, including protection against deportation and authorization to work. The protections also include the right to attend schools in the United States. DACA beneficiaries may get an employment authorization document (EAD).
The Fairness Act for job applicants in Oregon now forbids employers from accessing information in a job applicant’s credit report for hiring purposes, except for cases in which the information relates to the company where the applicant is seeking a job (Revised Statutes Sec.659A.030). Let’s say an employer finds out that the information is related to the job to be performed. A printed assessment is issued to the applicant with
In 2014, a Missouri trucking company unlawfully damaged a former employee’s reputation after he got medical attention for an injury sustained on the job. In 2008, the driver informed his employer that he had sustained a back injury. It was serious enough that he had to be prescribed pain medication that would prevent him from operating a motor vehicle. When he was ready to return to work, he found he
One major area of concern for modern workers is how the so-called “gig economy” impacts their classification as an employee. With more freelancers and contractors entering the marketplace, employees still have several benefits to which freelancers are not entitled. These include the right to file discrimination and wrongful termination lawsuits against their employers. Employees are also entitled to overtime pay and unemployment should they be let go. This has led
It is estimated that employers steal billions of dollars from their employees in unpaid wages every year in the US. While it certainly keeps the employment lawyers at HKM very busy with wage claims, it is unfortunate that American workers have to go through the legal system in order to get what is entitled to them under US law, contractual agreement, and basic business ethics. It is especially difficult for
Tarshish Jones, a veteran Kansas City firefighter, won a $356,000 workplace discrimination settlement against the KC fire department in October of last year. The settlement came after Missouri legislators changed the law raising the standard of proof in discrimination cases. Beforehand, employees claiming workplace discrimination need only prove that discrimination played into an overall decision-making process that saw employees of a protected class passed up for promotions or fired. Under
Over the past few years, movements such as Me Too and Time’s Up have led to a growing awareness of sexual harassment and gender discrimination in the work place. Women from all walks of life have come forward to share their stories and draw attention to the inequality women in the workplace face on a daily basis. In this current climate women who were wary about coming forward have found
PBS NewsHour’s report exposing a hostile work environment and numerous instances of sexual harassment in the Colorado United States Forest Service has placed the agency under extreme scrutiny. Prior to the allegations, the Forest Service made numerous claims that outlined training to prevent sexual harassment in the form of assaults, intimidation, or other inappropriate actions along with stiff penalties for those who did not adhere to federal law. Unfortunately, the
The current economic and political climate creates many challenges for Washington state-area farms. In many ways, these challenges are unprecedented. The economic climate of law unemployment means that Washington growers will likely have to pay higher wages or at least better conditions for workers, who are largely migrant workers who head north during the busy season. At the same time, political winds send the message to immigrants that the status
Missouri workers’ right to sue their companies for workplace discrimination has been the subject of widespread tort reform over the past couple of years. The controversial SB 43 included measures that: Shield perpetrators of sexual misconduct from being directly sued by their victims. Make it easier for employers to discriminate against their employees. Limits punitive damages for retaliatory firings. Roll back protections for whistleblowers. Now, the Republican-controlled legislature is looking
Can a simple credit check provide a comprehensive understanding of a potential employee? Can such a check differentiate a bad employee from a good one? According to a good number of insights from ordinary employers, conducting a credit check is important in selecting the suitable candidate for a given job position. In fact, a significant number of such employers argue that conducting such checks is crucial towards character verification and
A bill that would have forced Missouri’s workers to settle workplace discrimination lawsuits through private arbitration as opposed to the courts has died in committee. The bill would have strengthened the enforceability of employee contracts that require employees to settle workplace discrimination lawsuits via private arbitration as opposed to the court. The bill would have also made it much more difficult for courts to toss the agreements. The proposed bill
Since strengthening its policies against sexual harassment complaints in 2015, the Missouri legislature has faced twice as many allegations of sexual misconduct as it did in the two years prior. Whether this is a result of more misconduct being committed by legislators or it is the impact of having created an environment in which victims are more comfortable making their complaints known remains unclear. In 2015, Todd Richardson took over
One of the unintended consequences of Senate Bill 43, that saw workplace protections rolled back and made workplace discrimination lawsuits more difficult to win, was St. Louis’s suspension from FHAP (Fair Housing Assistance Program). Last year, the US Department of Housing and Urban Development contacted Gov. Eric Greitens, who signed the bill into law, with concerns about the bill. They stated in a letter dated July 14, 2017, that the
The 11th US Circuit Court of Appeals ruled against the EEOC, which filed a lawsuit on behalf of Chastity Jones. Jones filed a discrimination lawsuit after having an offer of employment rescinded by Catastrophe Management Services located in Mobile, Alabama. They said her dreadlocks violated company policy on personal grooming. While it is true that dreadlocks are associated with African-American culture, the court ruled that because a hairstyle is not
Sexual discrimination in the workplace usually conjures images of sexual harassment or gender exclusion for promotions or executive positions. In one interesting case from California in 2005, female employees sued the Department of Corrections because they were passed up for promotions given to employees who were involved in consensual sexual relationships with the Deputy Warden. The case was brought by two female corrections officers who alleged that the Deputy Warden
The state of Colorado is not unfamiliar with the impact a whistleblower can have on the future of a business, local government, or individuals employed by either type of organization. In 2016, Colorado-based company DaVita reached a multimillion-dollar settlement with the federal government after a whistleblower accused the company of unethical and illegal business practices. The DaVita settlement was one of several that have been reached as a result of
Kevin Anderson, a former employee of Mercy Villa and Mercy Hospital, has filed a lawsuit against the hospital alleging that he was fired for reporting instances of workplace harassment. The lawsuit alleges that Anderson endured a hostile work environment in which other employees called him racial slurs. Anderson claims that staff referred to him as “boy” and told him that he was not allowed to wear a Mercy Villa t-shirt
Among the many obstacles that Missouri’s Senate Bill 43 placed in front of Missouri workers attempting to receive compensation for employer malfeasance, it also shielded those responsible for perpetrating sexual misconduct in the workplace from being directly held accountable. An employee can still sue his or her employer for fostering a hostile work environment, but the individual responsible for the sexual misconduct can no longer be sued under Missouri law.
In a case that pitted religious freedom against gender expression, the US Court of Appeals for the Sixth Circuit ruled in favor of a transgender funeral director who was fired from her job because of her gender expression. She disclosed her intent to transition to her bosses, who then fired her, the complaint said. The court determined that a failure to conform to gender stereotypes was not a legal reason
In 2017, American companies paid out a record amount in jury verdicts and settlements to American workers. Come 2018, one report says that labor lawyers raced to settle lawsuits before America’s 45th POTUS could enact legislation that would favor US companies over US employees in labor disputes. The government and labor attorneys litigated more cases in 2017 than ever before, securing larger settlements than the combined total for labor lawsuits
Worldwide, individuals with disabilities face social barriers and experience discrimination in situations across a broad spectrum of locations on a daily basis. These include opportunities to enjoy public buildings and community events, to participate in athletic events, and access to educational and employment opportunities, among others. In the United States, the Americans with Disabilities Act (ADA) prohibits discrimination against persons with disabilities in the employment arena, as well as in
While certain forms of discrimination may be frowned upon in the media, they are not necessarily overtly illegal. For instance, sexual orientation is not considered a protected class in Missouri. If an employer fires someone because he or she is gay, a lawyer would have to argue that this is a form of gender or sex discrimination. The employee would not be able to argue that the employer discriminated against
The 8th Circuit US Court of Appeals sent a strong message to employers in 2013. The Court decided to rule in favor of undocumented immigrants who had been employed by The Jerusalem Cafe in Westport. The Court determined that regardless of the legal status or citizenship of the employees who were hired to work at the popular Kansas City restaurant, the workers were nonetheless owed their money. Lawyers for the
One area of employment law that often gets overlooked is wage and hour litigation. This often involves the misclassification of employees as independent contractors or companies overtly expecting their employees to work overtime without compensating them correctly. Federal standards are set by US Department of Labor under the Fair Labor Standards Act. Since 2000 there has been 358% increase in the number of wage and hour litigation lawsuits. The question
In the Evergreen State, certain state employees have a right to request that a union represent them in collective bargaining. Washington has the Public Employment Relations Commission, or PERC, to manage labor issues with public employees. In its own words, PERC’s mission is “[t]o prevent or minimize the disruption to public services through the impartial, timely, and expert resolution of labor-management disputes.” Moreover, PERC stresses accountability. That is to say,
In December of 2017, a Missouri Department of Corrections employee filed a sexual harassment lawsuit against the Missouri Department of Corrections. The suit alleges that male employees called her vulgar names, made inappropriate comments about her body, and asked for sex on numerous occasions. The plaintiff, Jennifer LeFleur alleges that the behavior continued both before and after she was transferred from the Oak Grove facility to the Kansas City Reentry
In the Summer of 2017, Sprint Corp. settled a lawsuit in which 153 of its employees claimed that Sprint required workers to under-report their hours while simultaneously demanding that they work beyond their regular schedule. In December, a second lawsuit was filed against Sprint that alleged the same by a former employee who had not worked with Sprint since 2015. As word of the $365,000 settlement spread, more employees impacted
In December of 2017, the Supreme Court of Nevada ruled that employees were entitled to file private suits against employers for unrecovered wages or other wage violations. Beforehand, employees were forced to file claims with the Nevada Labor Commissioner. The law, in effect, did not state that employees were expressly prohibited from filing claims in civil court, nor that they had any explicit right to do so. The decision came
The concept of working to earn money to support one’s self and/or a family is as old as the United States itself. Over the years, numerous movements have led to the creation of fair living wages, safe work environments, and protection from discriminatory practices. While it is true that employers continue to violate some basic protections and adhere to certain laws, many are unaware of how prevalent the problem of
In August of 2017, a female employee filed a lawsuit against the President of the St. Louis Regional Chamber alleging that she was passed up for promotion on multiple occasions due to gender discrimination. Karen Ellis served as the director of economic development at the Chamber. She is suing for $75,000. The lawsuit claims that Ms. Ellis took the job because she was promised advancement within the non-profit. She claims
Mount Rainier National Park is known around the world as a fascinating tourist attraction. It is the highest mountain in the state of Washington and is the highest point in the Cascade mountains. It is also situated close to Seattle, which provides tourists with a nearby base for visiting the park. It has incredible views and is an active stratovolcano, giving it an allure. It is also an active area
File this one under the “sad but true” category. In a series of lawsuits that were borne out of the Jay Nixon governorship, Missouri’s Department of Labor was sued by multiple employees alleging age, gender, and disability discrimination. Matthew Vacca v. Missouri Department of Labor In 2012, Matthew Vacca filed a lawsuit against the department alleging that his superiors forced him out of his job because of his disability. Vacca
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the testing carefully. It can easily infringe on the common laws of an employee, which is considered the privacy rights of
In June of last year, Missouri governor Eric Greitens made it more difficult for workers to prove discrimination cases. In a battle that had waged between the Missouri Supreme Court and legislators, plaintiffs had to show that discrimination was a contributing factor in a case of wrongful termination. Now plaintiffs must prove that bias was the explicit reason for their termination. In the majority of cases, this is incredibly difficult
Women’s rights are consistently being threatened across the country, as vulnerable employees are forced to choose between keeping their jobs, or taking care of their pregnancies in a medically sound fashion. Women are speaking out more than even against the discriminatory actions of their employers, as evinced by the approximately 50% rise in lawsuits based on pregnancy discrimination over the past 15 years. A California Case of Note When her
In late December of 2017, Richard Dixson successfully sued the Missouri Department of corrections for $1.5 million dollars in lost wages and punitive damages. Dixson alleged that ongoing racial harassment subjected him to a hostile work environment. Dixson was then working for the Kansas City Re-Entry Center, which is a minimum-security prison. The majority of that settlement, a whopping $1.2 million, was awarded for punitive damages that stemmed from retaliation
While many feel that sex work is by its very nature exploitative, the question of whether it qualifies as legally exploitative revolves around one central issue: Should strippers be classified as employees or independent contractors? On the surface, this question may seem trivial. The fact of the matter is that there are hundreds of thousands of Nevada employees who have cause against their companies for being misclassified as independent contractors
Hostile work environment attorneys are those who specialize in discrimination and harassment cases. When an employee feels that the culture of the company he or she works for has produced an environment that is not only hostile to his or her career interests but hostile to the employee on a personal and emotional level, the employee may be entitled to sue the company for damages. In these instances, an employee
The #metoo movement, the social media flashpoint regarding sexual harassment in employment, may be focused on Hollywood. However, the movement has inspired women and men from all occupations to come forward and share their stories. One such woman is, Eva Rieder, a high school teacher in California who recently spoke of several horrifying incidents where students subjected her to lewd comments, unwanted touching and slander. When situations like this occur, the teacher
Are you given sufficient rest breaks at work? Is your personal health at risk due to a lack of consideration by your employer towards break policies? As an employee, you should have proper breaks in the workplace. Oregon Law clearly states that it is mandatory for employers to grant meal and rest breaks. Any violation of this rule can attract heavy penalties. For instance, the Bureau of Labor and Industries
Experience is viewed as one of the key traits that every potential employee must have. However, there are times when too much experience is viewed not as an asset but as a hindrance when it comes to being hired. The chances of being contacted for an interview drop dramatically as a person goes from being a younger adult entering the workforce to a middle-aged American. Age discrimination researchers have found
In recent events, Tesla Inc. has been hit with multiple discrimination and workplace harassment lawsuits stemming from conduct committed by supervisors toward black workers at its Fremont factory in California. Both Nevada and California have similarly strict laws on employer conduct in the workplace. The claim was filed by Marcus Vaughn on behalf of a large class of black workers operating out of the Fremont plant. Vaughn alleges that black
Social media is here, and it is not going away. The average American spends a minimum of one hour of their workday answering personal calls, emails, and of course, social media. Millenials are quoted to be even more invested, spending an average of 1.8 hours a day on social media alone. Studies show that spending time on the internet during work hours is great for productivity as perusing your accounts
In recent years the United States has focused on enforcing the Immigration and Nationality Act, preventing employers from discriminating against potential employees who are not United States citizens. As the debate around immigration continues, one Colorado-based company found itself in the unique position of being accused of discriminating against employees not because they were suspected of not being citizens of the United States, but because they were citizens authorized to
Those who have suffered sexual harassment in the workplace are often so overwhelmed by the experience that they neglect to handle it correctly in terms of the law. In order to bring litigation against an employer for sexual harassment, an employee must be able to show that the employer was negligent in reprimanding other employees or managers for inappropriate behavior or that workplace advances persisted even after an employee made
While some support the gusto with which the Trump administration is targeting vast swaths of immigrants for deportation, California lawmakers have taken a stance in support of them. In addition to symbolic gestures, legal acts of some consequence are being undertaken. Worker Protection California’s Immigrant Protection Act (AB450) provides workers with strict protections from federal immigration authorities and levels fines of from $2-20,000 for violations of these protective provisions: Non-public
Case law placed an onus upon labor unions that is known as the Duty of Fair Representation. The Duty of Fair Representation originated in the 1944 United States Supreme Court case of Steele v. Louisville & Nashville Railroad, wherein a black employee sought to set aside a bargain-for-seniority system that discriminated based on race. The Supreme Court ruled that the Railway Labor Act implicity imposed a duty upon the union
Organized farm labor took on Gerawan Farming in a legal battle over labor contracts, and won. A huge fruit farm conglomerate that produces fruit across the United States, Gerawan fought for the right to create a labor contract that the farmworkers’ union opposed. Previous court rulings dating back to 2002 mandated that California could intervene to determine wages and working conditions when wage disputes arose, and the California Supreme Court
In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may be subject to different sick leave rules. Overtime hours worked are also considered as worked time. Employees working on exempted
Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary or ask about it during the interview. This is meant to prevent employers from paying new workers less than what
During the tumultuous decade of the 1960s, Congress passed landmark legislation known as the Civil Rights Act of 1964, or the Act. Specifically, Title VII of the Act prohibits workplace discrimination based on race, religion, color, sex, and national origin. (There is currently a push to include sexual orientation discrimination as a Title VII violation.) While Title VII prohibits discrimination based on national origin, it does not prohibit discrimination based
In January of 2014, the state of Colorado legalized recreational marijuana sales, approving over 100 seller license applications. By 2016, information obtained by the Colorado Department of Revenue revealed that the legal marijuana industry was bringing in over $1 billion annually. Numerous companies sought to profit from the growing industry and startup business Tradiv decided that bringing marijuana to online marketplaces was the next step in expanding the now legal
The Washington Minimum Wage Act, or WMWA, regulates the terms and conditions of minimum wage and overtime pay to Washington state workers. It empowers the Washington Department of Labor and Industry, or WDLI, to enforce rules, recover pay owed by employers, and to make related rules and regulations. The WDLI also has investigatory power with respect to claims of wage violations and has the authority to gather data about wages,
Fans of television shows like The Office may think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as a hostile work environment depends on the extent to which one is subject to discrimination and whether that discrimination makes
The Denver, Colorado bakery Masterpiece Cakeshop made headlines in July of 2012 after the store’s owner, Jack Phillips, refused to accommodate an order placed by a same sex couple. Phillips made his decision based on his belief that providing a cake for a same sex wedding reception would go against the doctrine of his religion. The incident set off a series of events that ultimately led to years of litigation
You can not turn on the news these days without hearing about new claims of sexual harassment. Most of the time, these claims involve well-known Hollywood figures like Harvey Weinstein and Louis C.K., political power players like Al Franken and Roy Moore, and even newsmen like Charlie Rose and Matt Lauer. The fact of the matter is that sexual harassment occurs in all kinds of situations that do not involve
Most state governments plan to launch state-sponsored retirement saving programs. They are doing this in response to the retirement crisis. Currently, Oregon and Illinois are the leading states. They launched a retirement savings plan in July 2017 and June 2017, respectively. Therefore, employees in Oregon have a new and easy way to save for their retirement at work. According to the Oregon Treasury, one million employees are likely to benefit
Losing one’s job is never easy, but it is a fact of life in every economy—Nevada’s included. The unpredictability and consequence associated with job loss can be extremely detrimental to one’s welfare and future. In addition to pursuing a new line of work, one must of course deal with bills continuing to pile up in the meantime. Whether you may be a young professional or otherwise supporting a family, those
Workplace discrimination is something that most adults are familiar with through direct experience or word of mouth. Unfortunately, the reality of multiple discrimination types affecting one person is not often discussed. Multiple discrimination in the workplace occurs when an employee is harassed or mistreated because he or she is a member of more than one protected group. Cherry Creek Mortgage, a Colorado-based lender, found themselves in the middle of a
If you have signed an agreement giving up the right to a jury trial in order to secure a contract, do you have grounds to change your mind? What if, once the work begins, you find the other party to be negligent or otherwise unsuitable as a contractual partner? You have signed a legal document, but you really want a jury of your peers to hear the evidence behind your
Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed a bill taxing health care providers. This is to compensate for the Medicaid fund reduction. The industry has expected this
Registered nurse and former clinical manager Joanne Cretney-Tsosie filed a lawsuit against Nevada-based Creekside Hospice several years ago in a bid to expose fraudulent practices pertaining to patient admission and eligibility, issues impacting the submission of reimbursement claims to Medicare. The case was settled this summer to the tune of $53 million, implicating conglomerate Genesis Healthcare. In this instance, and eventually with the government’s help, illegal practices were exposed and
Last month saw the end of an unusual labor strike in the apple orchards of Central Washington. 17 workers from Mexico decided to strike against their employer in the apple industry, leading to face-to-face negotiations and an eventual agreement, which brought the striking workers back to work. With negotiating help from the Northwest Farmworker Union, or Familias Unidas por la Justia, the workers bargained for what they termed as primarily
Billions of dollars is what experts project California will be on the hook for due to climate change in the coming century if companies responsible for contributing to it do not kick in their fair share. Projections for sea level changes could be disastrous for coastal properties and infrastructure in California. Estimates of two- to three-foot rises in seal levels could result in $8-$10 billion of coastal land becoming submerged
After the number of reported gender and race related complaints fell to an all-time low in 2006, the claims of discrimination are increasing yet again. The serious problem of employment-related discrimination has recently touched the community of Highlands Ranch, Colorado after disturbing allegations were revealed in a lawsuit. The former principal of Merryhill School shocked parents and school staff by filing a discrimination lawsuit in the United States District Court
Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original claim that Delta failed to render proper accommodation to an HIV-positive employee and later terminating said employee after a related
A recent poll by PwC Consultants provides interesting data about those who shop on Black Friday. In 2015, the poll found that 59% of those responding stated that they would be going out to shop on Black Friday. In contrast, a poll this year finds that only 35% will be out shopping. These numbers represent an explosive increase in Black Friday online shopping. With the ever-growing global marketplace fueled by
When a union that properly represents a unit of employees requests that that the employer bargain, then there is generally an obligation upon the employer to bargain. The National Labor Relations Board, per the National Labor Relations Act or NLRA, and the Washington Office of Financial Management require the parties to negotiate “in good faith.” This negotiating is a good faith attempt to reach an agreement regarding hours, wages, and
The recent revelations that rocked the entertainment industry have led to the exposure of a culture of harassment in workplaces throughout Colorado. When women around the world shared stories of harassment and sexual assault using the #MeToo, residents of Colorado learned of misconduct within the state government. After the initial accusations were made, some questioned the lack of harassment claims filed since so many in the Capital seemed to be
Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace today in Oregon. Recently a property management company called Cascade was found guilty of creating a hostile workplace environment for
A&E Tire and Auto Repair found itself embroiled in a discrimination lawsuit after being accused of refusing to hire a transgender man. With five locations throughout Colorado, the automotive and tire company was previously known only for providing quality services for reasonable prices. Since the news of the United States Equal Employment Opportunity Commission’s (EEOC) decision to file a lawsuit was announced in a press release, A&E Tire is now
An abrupt policy change at LuLaRoe was one factor that led employees to file a class-action suit against their employer. In addition to shady business practices in general, the suit alleges that LuLaRoe is no more than a pyramid scheme. Details of the Case LuLaRoe is a direct sales clothing trademark whose sales people claim that they were deceived when the return policy for inventory changed without notice. Originally, employees
Fans of professional sports teams have no doubt heard the phrase “collective bargaining” with respect to union contracts negotiated on behalf of the players. The purpose of collective bargaining is to come to a collective bargaining agreement, also known as a CBA. CBAs typically contain certain clauses, which have long been recognized by courts as the proper and effective way to negotiate a contract between a union and an employer.
Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination under the federal Equal Pay Act, a law that Nevada employers must follow as well. As recently reported by CNN
Federal law remains unkind to those inclined to use marijuana for any reason, but many states, including Nevada, have taken a slightly different approach. That may create some confusion for employers and employees alike. If you work in Nevada and wish to use marijuana for medical purposes, are you allowed to do so? While engaging in marijuana use while you are actually at work is generally a pretty bad idea,
In spite of multiple federal laws and discrimination acts created specifically to protect pregnant women, discrimination and wrongful termination associated with pregnancy are on the rise. A study conducted by Citizens Advice found that pregnancy and maternity workplace discrimination has risen by 25%. Other pregnancy discrimination advocates believe the percentage is even higher, and the Equal Employment Opportunity Commission (EEOC) receives thousands of complaints each year. One of the most
The Evergreen State has long been aggressive in pursuing a robust minimum wage. Whether the reason is fairness to workers, a living wage, or the idea of stimulating economic activity from the bottom, the legislature has continually pushed to provide a minimum wage that exceeds national standards. In November of 2016, the voters displayed their eagerness for increasing the minimum wage when they passed Initiative 1433, or I-1433. In addition
Will Californians feel the impact of disruptions to the DACA program? Attorney General Xavier Becerra believes they will, and is leading California’s legal challenge against the Trump administration, arguing that the state’s economy will be severely impacted when the over 200,000 young DACA residents, or Dreamers, are left unprotected. The lack of due process in the current administration’s rules will leave California with the lion’s share of disaffected Dreamers. A
The laws regarding sexual harassment have implications for many people who may not even be aware of their existence. For example, they can have serious consequences for the victim, perpetrator, and even the employer. Employers may be called upon to protect their workers. There are certain key issues of which all parties must be aware. We will demonstrate this with a series of recent cases. The Oregon Wildlife Agency Deals
Many employers structure employment contracts with employees by first having a probationary period, which is often 90 days. The employer tells the prospective employee that the purpose is to determine whether the employee is a right fit for the company. That is to say, the employer explains that the probationary period provides both the parties with the knowledge as to whether the employee, who may have done well in the
A new Nevada pregnancy law is about to make a significant impact on how employers do business internally. What, however, does that mean for employees themselves? If you are an employee who is pregnant or may become pregnant, there are a few things you should know about your new rights and what it means to exercise them. There are indeed some responsibilities on your end, particularly if you wish to
The right to strike has been a tool in a worker’s toolbox probably since the beginning of time. Historical records from the 20th Dynasty of Egypt, during the 12th century BC, show that workers refused to work by walking off their jobs because they had not been paid. Marxism, on the social level, came to the United States in the late 19th century, wherein workers banded together to unionize with
The state of Colorado has found itself in the middle of multiple immigration-related protests and lawsuits. Just one month ago Governor John Hickenlooper announced that Colorado would join 15 other states in the filing of a lawsuit challenging a federal government plan to end protections that prevent young immigrants from being deported. In the middle of the volatile situation, one Colorado company finds itself facing accusations of citizenship-related discrimination. However,
Tech giant Oracle is facing legal action based on claims it has systematically paid women less than men for comparable jobs. The suit claims that the company knew, or should have known, that this discriminatory practice was rampant and that thousands of women have been unfairly under compensated over a period of years. If your employer is engaging in similar practices, the experienced attorneys at HKM may be able to
Does your employer require you to use your personal cell phone, tablet, laptop, or other device to do your job? BYOD—Bring Your Own Device—is the latest movement that has overtaken the workplace. It has benefits for both employees and employers, but some California employers have found that taking advantage of their workers’ willingness to BYOD may have legal consequences. If you find yourself in a similar situation, you may wish
In 1990 the Americans with Disabilities Act (ADA) was passed to protect individuals who are qualified for employment from being discriminated against based on a disability by current or prospective employers. Even though the act has been in place for almost three decades, disability discrimination is still an issue that employees deal with on a daily basis. The Hertz Corporation has recently made headlines after a manager at the company’s
Northern Nevada Business Weekly recently reported that local employers must remain on alert for the extent to which wage-based regulations may be subject to federal revision and impact their management practices as a result. In particular, there may be a revision of current policy involving tip-pooling and businesses that would distribute said pool to employees that otherwise do not receive tips (e.g. a cook). With laws subject to change, employers
There are certain professions in Oregon that are often the victims of unequal pay, low pay, and over work. The current provisions in the law are technically sufficient, but they may not be able to change the attitudes and practices of employers. Some employers are good at identifying any loopholes and then exploiting them. That is why it is important for people within these professions or positions to have local
For both large and small business owners, following employment law is a necessity if you want to stay in business and stay away from the steep fines you can face. This is easier said than done in certain areas where the laws are tighter and work more regulated. Oregon is one of these, making it a perfect place to work for employees, but making life more difficult for the employers.
While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their employees in an equitable fashion. A recent Nevada lawsuit pertaining to sex-based discrimination serves as only the latest evidence that
Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or if there is an unexpected need for you for any other reason? Surely, at least you are paid to be
In January of 2017, the Denver Better Business Bureau issued a warning to CenturyLink, the third largest telecommunication company in the United States, regarding the company’s advertising claims and sales practices. The warning was issued after an investigation was initiated in September of 2016 in response to thousands of complaints filed by consumers. Initially, the telecommunication giant cited the company’s recent acquisitions and growth as the reason the company received
Unlike other states like Michigan, Washington is not a right-to-work state. This creates controversy over whether legislating a right-to-work statute would be a positive or negative development for workers whom would fall under such a law. Origins of the Right-to-Work Laws The right-to-work concept goes back to at least 1902, when there were questions as to whether union power was a positive or a negative. At the time, the labor
Recent news pertaining to a former state senator has put the question of sexual harassment front and center in Nevada politics, serving as a valuable reminder for employers who must confront the issue, as well. Recent reports indicate that investigation of now-resigned Sen. Mark Manendo has cost the state between $65,000 and $70,000, according to the Nevada Appeal and Las Vegas Review-Journal. While details were released amid requests by the
If you are a California woman who has concerns about starting a family because of possible implications for your career, you are not alone. Women frequently fear that they will not be allowed to compete in the workplace due to pregnancy and the responsibilities of raising a family. The truth is, women are guaranteed protections in America so that in this day and age, they do not have to choose
Business owners who have spent years developing a competitive formula that makes their company highly competitive may worry about former employees starting their own businesses using stolen business methods. Having employees sign a non-compete agreement prior to working with a business is one way employers protect their secrets and reduce future problems that may be caused by competition. Unfortunately, many companies do not realize that common non-compete agreement mistakes could
Employees who are first terminated from their jobs may be in such a panic that they do not consider the important question as to whether that termination was actually lawful and legitimate. The termination is a formal process that brings about certain obligations on both the employer and employee. One of the more complex parts of the law is that which relates to a termination with a discharge. Oregon has
The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues for recouping their wages that are available to them. The Oregon labor law specifically allows for securing backdated wages that
The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts will be examining personal information about both the defendant and plaintiff. Some of the information that is being discussed in
Tech giant Google recently made headlines after firing an employee who distributed a controversial memo regarding the company’s diversity-based programs and the extent to which it potentially created a sub-optimal corporate culture. Was the company’s decision just a matter of sour grapes? Not according to Google. Known for its seemingly omnipresent search engine, the corporation rather argued that the employee, James Damore, had contributed to a hostile working environment for
Over the last few days, there has been much discussion about NFL players kneeling during the singing of the National Anthem. The local papers provided pictures of Seattle Seahawks players taking a knee to protest social injustice, particularly regarding police relations with the African-American community. Prior to the Monday Night Football game between the Dallas Cowboys and Arizona Cardinals, the entire Cowboy team, including owner Jerry Jones, kneeled during the
As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side of the law. There is no shortcut when it comes to treating employees fairly. That is especially true when it
The Seattle-Tacoma International Airport serves as a hub for airlines such as Alaska Airlines and Delta Airlines. Seattle serves as a gateway for those traveling from the United States to Alaska, especially during the summer months when there is a surge of tourists heading north. In 1926, Congress passed the Railway Labor Act, or the RLA, that was supported by both labor and management. At the time, the main mode
Employment law, like other areas of law, evolves based on reaction to circumstances. Some of these reactionary measures are employer-focused while other measures are labor-focused. One such reactionary measure as part of the labor law rubric is the Labor Management Reporting and Disclosure Act of 1959, or the LMRDA. In the 1950s, Congress scrutinized labor movements in general and unions in particular. At the time, the United States felt the
Boss: “Joe, get me some coffee.” Joe, the employee: “How would you like it?” Boss: “Regular, with cream and sugar.” Joe: “I am going now to get it for you.” Five minutes later, Joe returns with a cup of coffee. Boss: This coffee is terrible. It takes an idiot like you to mess up something like coffee. Not only do you not know how to make copies, you are clueless
Do you question the scruples of your employer? Are you suspicious that certain policies and/or actions may break state or federal laws? Are shady practices cheating competitors or other organizations out of their fair profits? If so, are you considering blowing the whistle? Such action comes with certain dangers. Some employers do not take kindly to reports revealing their unprincipled practices, but you should know that both state and federal
While your company is itself subject to legal protections, there is still no doubt that it must conscientiously navigate the rights of its employees and of those prospective hires that may soon be. So long as your business acknowledges those rights appropriately, it will have remained on the right side of important laws and be less likely to face potentially costly disputes down the road. Consultation with an attorney may
The Family and Medical Leave Act (FMLA) is a program that allows employees an opportunity to take unpaid leave to care for family related responsibilities. Employees who utilize FMLA are able to balance their personal emergencies and employment knowing that their jobs are protected for qualifying absences. An employee must meet certain criteria regarding length of time worked for the employer and the basic provisions are administered by the Wage
As a condition of employment, were you asked to sign an arbitration agreement? If so, recent court cases related to California’s Private Attorneys General Act (PAGA) may be of interest to you. Consulting with a good employment attorney may be a worthwhile investment for you at this point. How Does Arbitration Work? Companies and individuals who sign on to arbitration agreements essentially decide to settle any disputes with the use
Oregon has been at the forefront of reforming the law that relates to the rights of workers as well as the ways in which they are compensated for their work. These laws have an impact on manufacturers as they are implemented. One of the areas that has been of key interest is that of overtime. The state has laws that specify what an employer can and cannot do when it
Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone. Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving close to 300 people claiming discrimination on the basis of age. Google denies the claim, but the court saw fit
New businesses often have an exceptional grasp of their industry and marketplace in general, but a new business owner should familiarize him or herself with pertinent laws, too. Companies opening up shop in Nevada are no exception. Unless you happen to be an already-large corporation with an in-house legal team, consulting with a local attorney can be an important step in the right direction early into your planning process. An
Losing a job for reasons that contradict company policy while violating Federal law creates a scenario allowing the former employee to fight for reinstatement. Unfortunately, the personal, professional, and financial difficulties caused by a sudden termination sometimes lead to a situation where the affected party does not pursue a wrongful termination case. This is especially true if the work life of the former employee was made difficult because of various
In the past accusations of discrimination at the workplace only became public knowledge if a major news outlet decided to cover the story. The rise of social media has changed that by giving every individual an opportunity to share his or her experience with millions of people worldwide. When former Versace employee Christopher Shapiro’s allegations of racial profiling and racial discrimination by a manager went viral, the internationally famous brand
In 1935, Congress created the National Labor Relations Act, or NLRA, “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.” As noted, the NLRA rules apply to both the employer and the employee. The purpose of these rules are to create a fair workplace
The number of adults in the United States with an active social media presence has grown steadily over the last few years. In 2008, approximately 24% of the population used social media while today at least 81% of the population utilizes social media. As the number of people who use social media daily grows, more employees are finding themselves in the unique position of having their professional lives impacted by
Let’s imagine that an employee makes a mistake. A few days later, the employee makes the same mistake again. The supervisor calls the employee into her office and warns her that making the same mistake constantly can cause serious problems for the company. The supervisor tells the employee to double check her work before submitting it. A few weeks later, the employee makes the same mistake again. This compels the
Current Oregon employment laws ensure that people are paid for the hours that they have worked. These provisions are in line with the Washington Minimum Wage Act, or MWA, which sets out the key forms and procedures required in order for employers to remain compliant with the law. Furthermore, the provisions are in line with the requirements of the Fair Labor Standards Act, or FLSA. Specifically, there are three categories
