Employment Blog

California Takes on the Feds

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

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Bizarre Business Model Results in Employment Crackdown in California

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

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Colorado Gets Serious About Unpaid Wages

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

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California Takes Legal Steps to Protect Undocumented Immigrants

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

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California Cities Sue Fossil Fuel Companies for Climate Change

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

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California Sues Trump Administration: Claims Plan to End DACA is Unconstitutional

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

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Whistleblower at the Center of CenturyLink Class Action Lawsuit

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

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Kneeling During the National Anthem

 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

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Morning Roundtable on Seattle Minimum Wage Increase

Morning Roundtable on Seattle Minimum Wage Increase With the national publicity the Seattle City Council’s June 2, 2014 vote to gradually increase the city’s minimum wage to $15 per hour has received, employees and employers alike have been left pondering how the increase will impact them. Accordingly, we will address the pressing questions raised by this week’s announcement. Question: “What is the minimum wage in Seattle now?” Answer: Currently the

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Olé! How to Cope at Work During the World Cup

As the World Cup approaches, soccer fans across the U.S. will probably be found sitting at their desks at work, computer screens blocked from view while streaming games and attempting to stifle excited outbursts. But a small, Brazil-based craft beer company recently launched a campaign to ensure that “football” fans won’t have to miss a game because of a silly obligation like work. Through a website and social media, the

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Washington Workplace Searches

Let’s begin by saying: hopefully a workplace search, where you feel like your privacy has been invaded, never happens to you. That being said, sometimes workplace searches and interrogations are necessary in order to ensure things like information breaches, illegal activities and issues with drugs and contraband are handled properly. Workplace searches can happen with great frequency or completely at random depending on the nature of your company and corporate

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Fired for Being Gay? Mayor Says Police Chief Deserved Reprimand, Community Isn’t So Sure

Crystal Moore was Latta, North Carolina’s first female Chief of Police in Latta, South Carolina. She was also the town’s first openly gay police chief. And since she was suddenly fired last week, the town’s residents questioned whether her sexuality cost her the job. Moore served the town of Latta for 20 years without a single incident. But Mayor Earl Bullard, who took office in December 2013, slapped Moore with

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Supreme Court to Hear 9th Circuit FLSA Case

The Fair Labor Standards Act (FLSA) regulates hours and wages for American workers on the federal level. FLSA requires that all employers must pay employees at least the federal (or state if it is higher) minimum wage for all hours worked. Additionally, if an employee works over 40 hours in one week, he or she must receive time and a half wages for any overtime hours. “Time worked” is an

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Seattle Venture Capitalist Supports Higher Minimum Wage

The Tri-City Herald recently reported on five “tycoons” who have taken an interest in the nation’s growing wage gap. While the five tycoons have different opinions on how the wage gap should be closed, they are all in agreement that something should be done. One of the five tycoons is Seattle’s Nick Hanauer. Hanauer believes a higher minimum wage is the easiest way to close the gap while creating greater

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Accusations Of Fraudulent Business At Business School

A for-profit business school is under investigation for federal financial aid fraud after a former employee blew the whistle. The New York Times reports on Kelli Amaya, a former administrator for Harris School of Business from 2009 to 2011. Amaya is one of seven former employees who are suing the school in a qui tam action. In their lawsuit against Harris, the employees claim the school grossly overcharged for programs,

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Restaurant Sued For Removing Accommodation

The Equal Employment Opportunity Commission (EEOC) is suing a Houston restaurant for disability discrimination, sexual harassment, and retaliation. In many cases of disability discrimination, an employer fails to consider a disabled applicant or fails to provide reasonable accommodations so that the qualified applicant can perform required duties. In this case, however, the restaurant, Nick’s Restaurant and Sports Bar, not only hired a disabled applicant; it also provided reasonable and workable

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Tri-City Farmers Need Bigger Batch of Workers

Even though the economy is recovering slowly, Washington farmers have seen major growth and success. Unfortunately, this rapid growth and the improving economy have led to a shortage in local farm workers. According to a Tri-City Herald story, Tri-City farmers hired more cherry and apple pickers last season than they did at the start of the recession, but this season they face a dramatic change. Washington crops are continually growing

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Club Investigated for Child Labor Law Violations and More

The Fair Labor Standards Act of 1938 (FLSA) originally set out standards for child labor in the United States. Violations of FLSA are investigated by the United States Department of Labor (DOL) and may be very costly for employers. A gentleman’s club in Miami, Club Madonna, is currently under investigation by the DOL for breaking child labor laws. The investigation stems from claims that a 13 year-old girl danced for

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Pasco City Manager Retires After 30 Years

A Tri-City Herald article looks at the recent announcement of City Manager Crutchfield’s retirement. After more than 30 years serving the City of Pasco, Gary Crutchfield will retire this summer. In 1978, Crutchfield took his first position with the City as the community development director. Six years later, Crutchfield became City Manager, where he would remain for the next 30 years. As City Manager, Crutchfield has many accomplishments, as the

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Hanford Contractors Could Benefit From Obama’s Executive Order

As a New York Times article explains, President Obama announced in his State of Union Address his plans to help raise the minimum wage as much as he is able. The President will use an executive order to raise the minimum wage. An executive order is only effective for small and specific change, in this case for federal contractors. For a comprehensive federal minimum wage increase, Congress would have to

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Domino’s Delivers Settlement To Its Delivery Personnel

In a recent New York Times article, a Domino’s franchise settled its lawsuit with its bicycle delivery employees for $1.28 million. The settlement will split the money among 61 delivery employees, based on time they were employed at any one of the franchise’s four locations. However, whether the employees will see most, if any, of that settlement money will depend on what money is available once the franchise’s bankruptcy is

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Mario Batali To Pay $5.25 Million for Skimming Workers Tips

The New York Daily News recently reported on a potential settlement against Mario Batali and his business partner. Batali is likely to pay a significant portion of the $5.25 million settlement amount to 1,100 employees, from captains to bartenders to busboys, working in eight of his New York restaurants. Those working for Batali from mid-2004 until February of this year will be eligible to receive settlement money, if the settlement

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Mario Batali Pays Big for Tip Skimming

Mario Batali is a celebrity chef and restaurateur who owns successful eateries across the United States. Batali has previously made headlines for criticizing the way bankers take money from the people and pocket it for themselves. Somewhat ironically, Batali is now under fire for taking money away from his own employees. The chef and his business partner, Joseph Bastianich, have agreed to pay a settlement of $5.25 million to dollars

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Are Video Games The Job Interviewer Of The Future?

According to a recent King5.com story, Washington’s unemployment rate is the lowest it has been in five years. While this is positive news, unemployment is still a concern for many in Washington. For those still job-seeking, the interview process can be long and stressful. And the process may become more interesting and stressful in the near future according to a recent New York Times article. The article explains that employers,

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Worker Classification is a Hot Topic for 2014

When a company hires someone, it must decide whether that person will be classified as an employee or as an independent contractor. Some of the factors used in making this determination include: -Employee: – Employer decides required hours of employment – Employer dictates working conditions and policies – The employer supplies necessary tools and materials for the work – Employer mandates a certain type of dress, such as business casual

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Walla Walla County Sheriff Settles Retaliation Claim

A Tri-City Herald article announced a settlement agreement between Walla Walla County Sheriff’s Office and one of its former employees early this year. The Sheriff’s Office was accused of ongoing discrimination and retaliation against Lucille Poirier. In the settlement, Poirier will receive $235,000, roughly a third of what she sought in her lawsuit, and significantly less than the cost of a trial. As with most settlements, the Sheriff’s Office does

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Court Action Against Walmart

Retail giant Walmart has been in the news many times over the past year, mostly for poor or questionable treatment of its employees. Labor advocates have raised many questions regarding the low pay of Walmart employees and its response to employees who protest against the company’s actions. The law prohibits a company from retaliating against any employee who engages in a protected activity. Under the National Labor RelationsAct (NLRA), employees

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Indian Diplomat under Fire for Breaking Employment and Visa Laws

Devyani Khobragade is a 39-year-old diplomat from India who was stationed in the Consulate General of India in New York, NY. While she was in the United States, Khobragade wished to employ Sangeeta Richard, an Indian citizen, as a nanny and domestic servant. Khobragade helped Richard secure the proper visa and Richard worked in her home from November 2012 until June 2013. Last June, Khobragade left town and when she

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Strange New Industry Growing in Portland

With the economy still struggling and the unemployment rates looming, many Oregonians are coming up with new and creative ways to make a few dollars. Start-up businesses are cropping up across the state, many based on ideas that sound strange at first, though prove to be successful. For example, many people balked at the idea of a restaurant on wheels, however, the now booming food truck industry has allowed many

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Employers Win Battle Over Workplace Poster

The National Labor Relations Board (NLRB) decided not to fight the U.S. Court of Appeals unfavorable ruling over its 2011 workplace poster requirement. In 2011, the NLRB began requiring private employers to post an 11×17 poster that explained the basics of employees’ rights under the National Labor Relations Act (NLRA). The NLRA provides employees the right to join or not join a union and prohibits employers from interfering with these

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Tips for Oregonians to Avoid Job Scams

With unemployment still a large problem in Oregon and the United States as a whole, many Americans are desperate for any work they can possibly find. Many people take to the Internet to use convenient online job searches and applications. Unfortunately, scammers have realized how to take advantage of online job seekers by soliciting money or personal information that is then used in identity theft schemes. Sometimes these scammers post

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A-Rod Filing Suit against MLB

One of the most high-profile labor disputes in the news recently is between star third baseman for the New York Yankees, Alex Rodriguez, and Major League Baseball. Rodriguez has long been under investigation for using performance-enhancing drugs in violation of league policies and rules. The MLB investigators claimed that Rodriguez was part of the Biogenesis scandal that resulted in suspensions of 14 professional baseball players for a total of almost

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An About-face Vote Keeps Boeing In Washington

Boeing is still working to establish its 777X production location, but has made significant step forward with the most recent labor vote. Near the end of last year, Washington’s machinists’ union voted against Boeing’s proposed contract. The union’s members were strongly opposed to the changes in their retirement benefit plans. The proposed contract would have ended the existing pension plans, and would shift the union member’s retirement planning to the

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Wal-Mart Contractor to Pay $4.7 Million for Wage Theft

Over 500 Schneider Logistics employees became part of a lawsuit against the company for underpayment and denial of rest and meal breaks. Schneider Logistics operates warehouses for Wal-Mart products, including Wal-Mart’s largest warehouse on the West Coast. The Claim According to the Los Angeles Times article, the employees filed their lawsuit in March of 2012 and reached a settlement in December of 2013. In the lawsuit, the employees claimed managers

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Winter Storm Preparations Lead to Salt Death

A man working at International Salt near Philadelphia was crushed to death under a 100-foot pile of rock salt. The man was apparently moving the salt at one of the company’s salt storage facilities in preparation for the most recent winter storm, the “Polar Vortex.” While moving the salt, a portion of the giant 100-foot salt pile gave way, creating a small landslide that buried the man inside his machine.

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FAMILY Act Introduced in Congress

The Family and Medical Leave Act (FMLA) currently gives eligible employees the right to take up to 12 weeks of leave from work per year for certain reasons without fear of losing their jobs. Valid reasons include pregnancy, childbirth, adoption of a child, serious medical conditions, caring for a loved one with a serious medical condition, and caretaking of a military member. However, FMLA has some limitations. For instance, the

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More Developments in ACA Employer Lawsuits

The Affordable Care Act (ACA) mandates that every health insurance plan, including plans provided by employers, offer preventive health services with no cost sharing. For the purposes of the new law, the Department of Health and Human Services defined appropriate preventive benefits for women to include the entire range of FDA approved contraceptive methods. This requirement immediately outraged numerous non-profit and for-profit companies who claim that it went against their

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Union "No" Could Lead Boeing To Go

Boeing recently presented a new contract that would have Seattle aircraft manufacturer buildings its new 777X airplanes at union-represented Seattle plants. Despite having moved its headquarters to Chicago in 2001, Boeing has been an airline manufacturing mainstay in Seattle since the early 1900s. So the company felt fairly secure in the prospects of its newly presented contract. Prior to presenting the contract to the union Boeing received an offer for

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15% Of Young People Not Working Or Going To School

When people think about a better economic future, they generally think about more education or working their way to higher paying or better employment. There are anecdotes for both paths. On the one hand there are the well-educated people who get the better jobs or the well-trained people who can command better hourly wages. On the other hand there are the Steve Jobs and Bill Gates who skip traditional educational

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Wal-Mart and McDonald's Fuel the Living Wage Debate Again (Part 2)

In Part 1 of this article, we looked at the recent controversy surrounding a holiday food drive Wal-mart held for its own underpaid employees. The food drive for needy employees seemed to acknowledge that the retail giant does not pay its workers a living wage. The term living wage is different from minimum wage. Minimum wage is the minimum hourly rate employers must pay employees as set by both federal

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SeaTac Voters Approve $15 Minimum Wage

After numerous fast food worker strikes, debates on the nation’s minimum wage, and stories about companies making as much in profits as their employees receive in government aid, it looks like SeaTac will be raising its minimum wage. Latest results show SeaTac voters narrowly passing Proposition 1 in this week’s election. If the results hold, starting January 1, 2014, the minimum wage in SeaTac will become $15 an hour. The

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Threats of Government Shutdown Bring Mass Layoff Warnings

Even with the economy making its slow recover, mass layoffs are still almost common place in our society. What protections do employees have when faced with a mass layoff or plant closure? Does an employer have to provide any benefits or assistance to the employee? Washington state employees have faced potential mass layoffs with each budget crisis that threatened a government shutdown and they are not the only ones. Federal

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