Employment Blog

United Van Lines Charged with Employee Misclassification

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

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Union Claims Federal Contractor has Misclassified Employees

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

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Is it Legally Required to Provide Your Salary History in Oregon?

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.

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Amazon’s Legacy of Employee Abuse

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

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Joint Employment in Seattle

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

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Trade Union Responses to Work Schedules in Oregon

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

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The End of California’s Fair Share?

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.

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Key Oregon Employment Law Abuses for Retirees and Those Made Redundant

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

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Colorado Physician’s Case Leads to Non-Compete Law Review

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

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At-Will Employment

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

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You can Not be Fired From a State Agency for a Medical Reason

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

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Missouri Trucking Company Found to Have Violated Whistleblower Protections

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

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Haagen Dazs, Anyone?

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

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Do Undocumented Workers Have a Right to Sue for Unpaid Wages?

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

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Can You Get Fired for a Personal Post on Social Media?

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

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United Farmworkers Union Wins Over Fruit Farm in California

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 disputes arose, and the California Supreme Court upheld

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How Nevada Employees Should Handle Wrongful Termination

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

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H2-A Program

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

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Collective Bargaining Agreements

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.

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Pregnant Colorado Attorney Files Lawsuit After Wrongful Termination

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

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Probation and Unemployment Insurance

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

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Pregnant Colorado Attorney Files Lawsuit After Wrongful Termination

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

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Redress Options for Hourly Workers in Oregon Who are Underpaid and Overworked

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 lawyers

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Why Hourly Contracts are a Headache for Employers in Oregon

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.

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Common Non-Compete Agreement Mistakes

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

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The Oregon Labor Law on Termination with Discharge

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

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California Whistleblower Protections

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

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Age Discrimination is Not to be Tolerated

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

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The Connection Between Discrimination and Wrongful Termination

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

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Washington is an At-Will Employment State

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

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Workplace Retaliation

Let’s say you are aware of a workplace hazard that causes you serious concern. You have mentioned it to your boss, but nothing happens to alleviate the problem. What choice do you have now but to go outside the company to report it to the Occupational Safety and Health Administration (OSHA)? Reluctantly, you file the report, hoping that an inspection will ensue.  What comes your way now is utterly unexpected:

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What You Need to Know About Colorado’s Pregnant Workers Fairness Act

The state of Colorado has provided anti-discrimination protection to those seeking employment since the 1964 Federal Civil Rights Act was implemented. However, pregnant women were not included in the protections that Colorado state law established. In June of 2016, the Governor of Colorado signed a new law that became effective on August 10, 2016 protecting pregnant workers from discrimination. Understanding Colorado’s Pregnant Workers Fairness Act can help employees remain aware

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What SB 253 Means for Employers of Pregnant Workers

It just became a bit easier to be a pregnant woman in Nevada, a sign of times that increasingly require recognition of gender-based entitlement in the workplace. As employers fully embrace the 21st Century, their responsibilities are now a bit more commensurate with the needs of workers whose obligations do not stop at their office doors. Nevada Pregnant Workers’ Fairness Act—product of Senate Bill 253—aims to streamline protections for expectant

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Amazon Sued Over Unpaid Security Checks

A recent Puget Sound Business Journal article details Amazon.com employees’ recent lawsuit over off-the-clock security checks. The employees have filed a federal lawsuit against Amazon for back pay for time spent each work day in security screening lines before breaks and at the end of their shifts. Because Amazon requires the daily searches, employees believe they should be paid for the additional time they are required to be at the

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Teacher Demands Job Back After Showing Up Drunk For Work

The Seattle P-I recently reported that a Bellevue teacher is demanding his job back after what he calls an illegal firing. Erik Schock, an 11-year employee at Chinook Middle School, was terminated earlier this year after he arrived to work drunk. Schock, a P.E. teacher is believed to have had a blood alcohol level twice the legal limit when he arrived at the school and began teaching students. An assistant

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Seattle Council Votes To Strengthen Whistleblower Protections

The Seattle City Council was set to vote on a bill that would strengthen the city’s whistleblower protections. Although the city encourages everyone to report incidents of misconduct, the protections are specifically for city employees reporting workplace misconduct. The bill was expected to pass and make significant changes. Whistleblower Protection Code: Before Seattle’s whistleblower code was last updated in 1994, even though Washington state and King County have updated their

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Manager Urinates In Sink, Unsurprisingly Is Fired

A recent Seattle PI article may make you think twice before you eat out. Or, it may make you happy to know employers take health and safety standards seriously. One of Pizza Hut’s West Virginia restaurants has temporarily closed after a district manager was caught urinating into a sink. The district manager was fired after Pizza Hut became aware of the surveillance video showing the manager relieving himself. Fortunately the

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Washington Hop Grower Settles Harassment Lawsuit

Recently the Seattle Times reported on a settlement between the Equal Employment Opportunity Commission (EEOC) and Roy Farms. Roy Farms, one of the largest hop producers in the world, is located in Eastern Washington. The EEOC sued Roy Farms on behalf of four of Roy Farm’s male employees. In the lawsuit the four male workers claim they suffered nearly two years of constant sexual harassment from a male supervisor. The

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Amazon’s Security Check Case Goes To The Supreme Court

A few years ago, contract workers at a Nevada Amazon warehouse filed a lawsuit in federal court against Amazon and their employer, Integrity Staffing Solutions, a contractor for Amazon. The lawsuit claimed the workers were entitled to unpaid wages for time spent waiting in line for security screenings before breaks and after shifts. Amazon requires these screenings for inventory control purposes. While the lines could be long during regular working

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Employee Awarded $125,000 in Same-sex Harassment Case

A long-lasting employment harassment case has finally come to a close for one Louisiana man. Kerry Woods filed a harassment complaint against his former employer, Boh Bros. Construction Co., with the Equal Employment Opportunity Commission (EEOC) nearly six years ago. According to his complaint, Woods was subjected to repeated unlawful harassment by a male supervisor due to his failure to fit into a male stereotype. The supervisor allegedly often made

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A Forklift, A Vending Machine, And Unemployment

The Seattle PI reported recently on an industrious, if misguided, Iowa man who really wanted his candy bar. Robert McKevitt was working at a warehouse when he decided to take a break. He put a dollar in a vending machine for a candy bar. The vending machine was known to have problems, but when the vending machine did not release McKevitt’s candy bar, he got into a forklift and used

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