Employment Blog

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

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

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

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.

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

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

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

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

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

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

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

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

Iowa, like Washington, has laws against employment discrimination based on sexual orientation. Because of these laws, Wayne Shimer, a former employee of Casey’s General Store, has employment protections and the ability to seek legal relief for his discriminatory firing. Shimer tells the Des Moines Register of the pattern of discrimination he faced before he was fired from Casey’s. A month after Shimer began working at Casey’s, his manager learned that

The job market continues to make its slow recovery, but finding employment even after college is still a challenge. Many college students hope having an internship on their resume will give them the extra edge they need to land a coveted job. According to a recent CNBC.com article, the benefits and differences between paid, unpaid, and no internship are becoming clearer as the job market improves. Benefits of Internships Internships

The Seattle Times recently reported on a 73-year-old Seattle man’s probation sentencing. Romulo Almeda Sr. was sentenced to probation for hiding and underpaying his live-in Filipina maid for four years. Probation seems rather lenient considering he underpaid her more than $90,000 over the four years she’s worked for him and his family; however, at the time of his sentencing and under the terms of his plea agreement, he had already

Karen Rispoli has her job as a Metro light-rail operator back after an arbitrator ruled in her favor. Rispoli was initially terminated from her light-rail position after failing to close the train doors and carrying passengers for two miles. King County Metro, according to a Seattle Times story, felt her actions were major infractions, and fired her. However, those infractions were later downgraded and considered worthy only of a suspension.

Just days before Washington’s Governor Mike Inslee called for a minimum wage increase in his State of the State address, Seattle’s Mayor Ed Murray stated he was looking for non-ballot measure methods for raising the minimum wage for city employees to $15 an hour. These decisions come on the heels of heavily covered SeaTac’s voter approved minimum wage increase and Congressional debates with Presidential backing over a federal minimum wage

A Wisconsin state senator is proposing legislation that will lift the state’s law prohibiting a seven-day workweek. Currently the law requires manufacturing and retail employers to give employees 24-hours rest for every seven-day period. Wisconsin is one of only a few states to have laws requiring rest periods for employees in non-healthcare situations. But, the proposed change has raised some issues with employees, unions, and other senators. The Pros &

Recently in this blog, we discussed a local teacher demanding he get his job back despite the fact that he arrived to work drunk and proceeded to teach young children while he was intoxicated. His violation of the school’s drug free workplace policy seemed like a fairly straight forward, non-discriminatory grounds for termination. However, when one considers alcoholism as a disability, the teacher still had a slim chance of proving

A recent Wall Street Journal article about the rise in litigation over non-compete agreements, noted that over the last decade there has been nearly a 60% increase in lawsuits over the breach of these agreements. While an increase could be expected since non-compete clauses have become almost commonplace in employment agreements, the steep increase in litigation over these clauses is troubling. What is troubling is that the litigation and the

Negotiating or re-negotiating contracts is an important and potentially stressful situation nearly everyone faces at some point. Recent contract negotiations between the Seattle school district and the Seattle Education Association (SEA) ended in an agreement right before a deadline that would have led to a teachers’ strike. Both sides had their demands. As the Seattle Times reports, the school district wanted, among other things, to maintain the current test-based aspect

A recent story from New York raises many employment issues that hit home in Washington. A Hamburg, New York Wal-Mart assistant manager posted an anti-Muslim comment and picture on his Facebook page that got him fired. The man claims that it started off as a joke and then it went wrong. He posted a picture of two Muslim women who were fully covered according to their religious traditions. In his

Imagine working 50, 60, 70 hours a week helping to construct a multimillion dollar, state-of-the-art public building one sheet of drywall at a time. Now imagine that you only receive six dollars an hour, are threatened by your employer, denied workers compensation for on the job injuries, and could be fired at any moment if you complain about the situation. Now imagine that it does not matter whether you are

A 53-year-old Seattle man has become one of the first to sue the state for compensation for his wrongful conviction, time served in prison, and his inability to secure long-term employment. The Seattle P-I reports that James Simmons, a former IT professional who was charged, convicted and served a year in jail for dealing cocaine, is taking advantage of Wrongful Convictions Compensation Act which provides wrongfully convicted inmates financial compensation

A Hanford Nuclear Reservation whistleblower has lost his job. Walter Tamosaitis worked for URS Corporation for over 40 years before he was laid off a few weeks ago. In 2010, Tamosaitis raised safety concerns and was subsequently demoted from the project he was managing. Despite the demotion and even though he filed a lawsuit over his demotion, he continued to work for URS until they fired him. Tamosaitis claims that

A medical physicist has filed a lawsuit against the hospital where he formerly worked, claiming that he was wrongfully terminated in retaliation for reporting safety concerns to federal authorities. According to an article from the Seattle P-I, former employee Lawrence Slate claimed that he faced retaliation after he reported concerns to the federal government about the Bozeman Deaconess Hospital’s storage of nuclear waste and use of radiation treatment on patients.

An employee at a Starbucks in downtown Seattle was fired for taking a wrapped breakfast sandwich out of the trash can after a coworker had thrown it away, according to Q13FOX.com and The Stranger. The employee, Coulson Loptmann, who was unable to work enough hours to pay his bills and survived partly on food stamps, said that he thought that it would not be a problem if he took a

A High-Profile Topic Whistleblowing has been a hot topic in the news in the past year, since the Wikileaks case, and the conviction of Chelsea E. Manning. However, there are many more lower-profilewhistleblower retaliation cases that pop up in the news, highlighting the plight many employees face when they decide to come forward with information regarding their employer, and find themselves in a difficult workplace situation. Many employees must ultimately

Washington law protects an employer’s confidential business information from being stolen or wrongfully disclosed. The Washington Uniform Trade Secrets Act prohibits the misappropriation of trade secrets and provides remedies to businesses whose trade secrets have been wrongfully acquired or disclosed. It is important for employers to understand the Trade Secrets Act in order to protect valuable business information and, if necessary, bring an employment lawsuit to enforce trade secret laws.

Seattle-based company Amazon is facing a lawsuit from a former employee who is fighting an employment agreement that gave the company ownership of his invention and included a noncompetition clause. According to GeekWire, Amazon recently gave the employee the rights to his patent, but it did not agree to stop using the employee’s invention. This case illustrates some of the issues that employment agreements can cause. Can Employers Claim Their

Paying employees with payroll debit cards has become increasingly common in states like Washington that allow this method. However, while these cards can be convenient, they can carry burdensome fees for employees and potential legal pitfalls for employers. For example, Seattle-based KING 5 News reports that a McDonald’s employee has filed a lawsuit claiming that when she complained about fees on her payroll card, she was given no other payment

A high score is good and a low score is bad. That sums up the basic idea behind your three digit credit score. And unless you are applying for a house or a new credit card, your credit score number is your business. That may be your thought process, but there are instances in which a Washington employer can legally check an applicant’s credit report. The purpose behind the credit

Washington workplace tests are not as uncommon as you may think. In addition to testing potential employees to test certain capabilities as a prerequisite for a job, Washington employers may also test existing employees to ensure that skills stay sharp or as a condition on a promotion. What most of these tests are trying to decipher depend on the job and company. For the most part, employment testing (whatever type

Do you have a criminal history you wish you never had? Depending on when and what you did, you may have to answer for those crimes on employment and housing applications for a long time. And that reality begs the question: can Washington employers use your criminal past against you when you are applying for a job? Absent a compelling business reason, employers are not allowed to exclude individuals from

The beautiful city of Seattle was recently ranked the 6th best major city for finding a job. Seattle was the lone West Coast city on the list that looked at factors such as: diversity of industry, range in size of companies offering employment and cost of living. The Seattle Times quotes labor economist Scott Bailey, “The labor market is continuing to improve at a moderate but accelerating rate, somewhat faster

An airline pilot fails his company’s random drug test and admits to using marijuana. His airline fires him. That seems simple enough, doesn’t it? The struggle between a Seattle-area pilot and airline company has recently shown that employment law is not always quite as simple as you might think. A recent article in the Seattle Post Intelligencer reports that, in 2011, the Seattle-based Horizon Airlines conducted a random drug test

We all know it’s tough out there in the economy today. Just the other day we ran across a posting to a forum in which a very anxious fellow was asking how he could get money he’s owed from a former employer who’s now going through bankruptcy. Other forum members related similar stories about being told by former employers that because the company is in bankruptcy people can kiss those

The Washington State Department of Corrections has been sued by the U.S. Department of Labor for widespread violations of the Fair Labor Standards Act.  According to published reports, the damages in the case will likely be millions of dollars.  After a three-year investigation, the Department of Labor believes that the state violated the rights of approximately 800 workers.  The suit alleges that probation officers, community corrections specialists, and office assistants

Here is an interesting article in today’s Chicago Tribune about the proliferation of non-compete agreements.  I thought this was a good opportunity to say a few words here about non-compete agreements. As the article observes, more and more employers are using non-compete agreements for more and more employees, but the article also notes that such agreements can be difficult to enforce.  Indeed, whether to enforce a non-compete agreement is a

The plaintiffs in this wage and hour class action challenged a practice whereby overtime earned during one month would be paid at the end the following month.  In this case, corrections officers in Thurston County would submit time sheets for overtime at the end of the month and the wages were paid on the last day of the following month. The court held that the practice did not violate the