Employment Blog

Topic: Employment Agreements and Termination

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 wage disputes arose, and the California Supreme Court

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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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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 local

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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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Fired For Being Too Feminine

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

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VW Trapped In Battle Over Unionization

Volkswagen auto workers in Tennessee became the center of attention last week when they prepared to vote on unionization of their factory. Unionization is usually a major deal for the workers and the employers, but it does not always receive much media coverage, particularly when the employer is not opposed to the union. However, in this case, Tennessee’s legislators brought a lot of attention to the vote. According to Talking

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Internships: Paid, Unpaid, or Not At All?

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

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McDonald’s Employee Fired for Helping Firefighters

A New York McDonald’s employee recently made headlines when she was fired after she generously picked up the tab for a group of working firefighters. Heather Levia is a 23 year-old mother who had worked at the restaurant chain for 8 years. During a recent shift, a group of firefighters came into McDonald’s for breakfast after fighting a house fire in the neighborhood in freezing temperatures. Levia wanted to show

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Subsequent Oregon Business Owner Responsible for Unpaid Wages

Under Oregon law, when a business goes under, employees still deserve to be fully compensated for all of the work they have completed. As a result, there is a specific process by which former employees may go about collecting unpaid wages if their employer closes. If such employees file a claim with the Oregon Bureau of Labor and Industries (BOLI), they may recover up to $4,000 of unpaid wages earned

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Court Decides that FMLA Covered Las Vegas Trip

The Seventh Circuit Court of Appeals recently upheld an interesting decision regarding the scope of the Family and Medical Leave Act (FMLA). FMLA provides up to 12 weeks of unpaid leave for employees for qualified reasons, without the fear of losing their jobs. Qualified reasons include serious medical conditions, birth or adoption of a child, or even caring for a close relative with a serious medical condition. Employees should notify

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Broncos Fan Fired In Tacoma

Seattle’s King5.com recently reported on the firing of a Broncos fan in Tacoma. Nathaniel Wentz, 17, worked for Odyssey1 until he wore his Broncos jersey to work. Employees were invited to show their team spirit if they were working on game day. Wentz, a long-time football and Broncos fan, wore his jersey to work. He was then sent home to change clothes because his manager meant Seattle team spirit, not

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Layoffs: Employees should Know their Rights

There is one word that usually fills employees across the country with dread: layoffs. When a company decides to close stores or plants, downsize, restructure, merge, or file for bankruptcy, many employees usually lose their jobs through no fault of their own. Layoffs have especially been in the news lately, as the following companies have made announcements: · Walmart intends to lay off 2,300 Sam’s Club employees; · Macy’s plans

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Seattle Family “Traps” Immigrant To Be Their Maid

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

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Metro Worker Wins Back Job

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.

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Unpaid Intern Cases Settles

New York Fashion Week is the main event for many people in the fashion industry, from designers, to magazine reporters, to models. The week-long event involves weeks of preparation, planning, and organization. Elite Model Management, Corp. is responsible for providing a large amount of the models needed to walk in the hundreds of fashion shows that take place during New York Fashion Week. In the past, Elite has made use

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Non-Compete Agreements in Oregon

At the start of employment, many companies want new employees to sign a non-compete agreement, also known as a covenant not to compete. A non-compete agreement is, simply put, a contract that protects an employer by prohibiting certain competition in business by employees or former employees. If an employee signs a non-compete agreement, they may not be able to perform certain types of work or pursue certain positions within the

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Minimum Wage Prospects Increase In Washington And Seattle

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

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Seven-Day Workweek: Opportunity or Curse

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 &

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USPS To Reinstate National Guardsman Fired For “Excessive Military Leave”

Early in January of this year, a federal review board ordered the United States’ Postal Service (USPS) to reinstate and provide back pay for one of its former employees. There are a number of details that make this order more surprising than one would think. Two of the more shocking aspects of this story are how long ago the USPS terminated the employee, and the amount of money owed in

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Sandusky Seeks Restoration Of Pension From Prison

Jerry Sandusky, the now infamous former assistant coach for Penn State’s football team, has requested the reinstatement of his pension from Pennsylvania’s State Employees’ Retirement System (SERS). Sandusky is currently in prison serving a 30 to 60 year sentence for child molestation. At the time of his conviction his pension payments were terminated. Sandusky wants the payments to resume, and for them to be sent to his wife as his

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Long-Term Unemployment Benefits Come to An End

Unemployment is a safety net for those who unexpectedly lose employment or have an unexpected reduction in employment. In early December, President Obama arurged Congress to extend long-term unemployment benefits. However, when Congress passed its budget, there was no extension in long-term benefits. As a result, on December 28 the federally extended long-term unemployment benefits will end. Congress can still pass a retroactive bill that would extend the benefits, but

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Entire Store Fired Three Days Before Christmas

A Chicago sub sandwich shop called Snarf’s sent an email to all 20 of its employees on December 22. The email informed the employees of Snarf’s 600 West location that the store was closing, that they were fired as of December 23, and they should turn in any keys or company property they may have on Monday during normal business hours. The story made headlines and led to an apology

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Changing Reasons for Termination may be a Sign of Retaliation

Under employment laws, employers are prohibited from retaliating against employees who participate in a number of protected activities. One such protected activity is complaining about or reporting potential unlawful discrimination in the workplace. If an employee claims he or she was disciplined, demoted, or terminated for complaining of discrimination, the employer must present a valid, unrelated reason for the adverse employment decision. Then, the employee has the burden to show

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Fired For Putting Out A Fire

A greeter, though not at Wal-Mart, was fired in Michigan for helping a customer in need. David Bowers, was working when a customer ran into the building seeking help with a car fire. As many would, Bowers grabbed a nearby fire extinguisher, ran outside, and helped put out the fire. Then he was fired. The company that he was working for had a clear policy against actions like rushing out

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Unpaid Internship Appeals Granted

Unpaid interns have been in employment news regularly over the past year due to several lawsuits alleging wage and hour violations under the Fair Labor Standards Act (FLSA). Unpaid interns, mostly in the media and entertainment industries, claimed they were misclassified and that they should have been paid a minimum wage for the work they performed during their internships. Some unpaid internships are valid, though private companies may not simply

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Violation of Substance Abuse Policy Leads to Seahawk Suspension

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

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Google And The Treasure Island Tech Barge

Companies, especially tech companies like Microsoft, Google, and Apple, are very protective of their trade secrets and control of their inventions. Google, for instance, has floated the idea of internet balloons drifting over Africa to provide broadband access to rural areas and it has been testing the idea in California and New Zealand. Google has invented, or taken steps to advance, its own high-speed broadband internet, Google Fiber, and its

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Workplace Retaliation Costs County $495,000

Snohomish County’s Medical Examiner’s Office has agreed to pay one of its former employees close to half a million dollars as a part of a workplace retaliation settlement. Shannon Impett, a former county death inspector of seven years from Granite Falls, settled outside of court earlier this week. Her lawsuit against the Medical Examiner’s Office sought back pay and compensation for emotional distress among other things for claims ranging from

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Is It Wrongful Termination?

Would you know a wrongful termination, if you saw one? Would it depend on which side of the equation you are on? What information or details could change your mind? These are some questions that arise when an employee is terminated and believes it was wrongful, especially when both sides appear to have legitimate legal support. For instance, Joetta Rupert believed she was wrongfully terminated and filed a lawsuit against

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Questionable FMLA Claim May Worry Employers

The Family and Medical Leave Act (FMLA) allows employees in the United States to take up to twelve weeks each year under certain circumstances. Leave can be used if the employee is suffering from a serious medical condition that prevents them from performing their job duties, or in order to care for a child, spouse, or parent suffering from a health condition. Denying an employee their rightful FMLA leave is

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Non-Competition Agreements: A Double-Edged Sword

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

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New Contract for Seattle Teachers as Children Head to Class

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

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What is a Managing Agent and why is it Important?

In many discrimination, harassment, and retaliation claims, a plaintiff can only receive punitive damages if the offending behavior involved a “managing agent.” Punitive damages means additional money is awarded to the plaintiff above and beyond tangible damages, in order to try to deter future offensive conduct and reform the defendants. Punitive damages can be substantial and, therefore, a plaintiff should try his or her best to make it clear to

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Oregon Senator Defends Nuclear Whistleblower

The Hanford Nuclear Reservation has long been a health and environmental concern for Oregonians. Hanford is the most contaminated site in the nation, and many of the underground tanks holding nuclear waste are leaking. If the waste is not properly treated, the Columbia River and surrounding communities could be compromised. In 2010, a URS Corp. employee, Walter Tamosaitis, worked as a manager helping to oversee construction of the $12.3 billion

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Wal-Mart Fires Assistant Manager for Facebook Post

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

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Shutdowns, Layoffs, and Unemployment Benefits

While the federal government has moved beyond its most recent shutdown and Hanford employees avoided getting their furlough notices, Huffington Post has reported that some 70,000 government workers filed for unemployment during the first week of the shutdown. Those who do receive the unemployment benefits will have to pay it back in full, but the money very likely makes a difference until their back pay comes in. While Hanford’s employees

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Undercover Cop Investigates Employer Abuse and Wage Theft

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

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Wrongful Discharge Claims: Do Other Available Remedies Matter?

State public policies regarding wrongful discharge claims are—literally and figuratively—all over the map. For instance, in some states, an employee can sue for wrongful discharge under contract law if he or she can show an implied contract for permanent employment and improper or arbitrary termination. Other states disallow this type of claim. A recent hot topic public policy debate involves the validity of a wrongful discharge claim when other remedies

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Wells Fargo Faces Same-Sex Sexual Harassment Suit

The EEOC recently announced that it is filing a sexual harassment lawsuit against Wells Fargo. The lawsuit is being brought on behalf of four former bank tellers from a Reno, Nevada branch. The former bank tellers claim that their branch manager and another employee created a hostile workplace. According to the EEOC’s report, their manager and fellow bank teller allegedly subjected the four other bank tellers to regular “graphic sexual

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Seattle Man Unable to Find Employment After Wrongful Conviction Sues State

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

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Whistleblowers Both Lose and Win Big in Recent Cases

Government whistleblowers shunned In this day and age, government employees are (and should be) increasingly hesitant to report abuses on the part of their government agency employers and superiors. In light of the growing number of highly publicized government whistleblower prosecutions, no one can blame them for their reluctance. A new documentary, “War on Whistleblowers: Free Press and the National Security State,” explores the recent tribulations of four government employees

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Local Nuclear Whistleblower Loses Job

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

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Oregon Treats Unpaid Interns Better than Other States

As previously discussed on this blog, federal laws do not protect unpaid interns from discrimination or harassment because they do not fit the law’s definition of an “employee.” However, states may choose to adopt laws that extend workplace protections to unpaid interns, which allow them to hold companies accountable for unlawful mistreatment. In June of 2013, Oregon became the first (and only) state to do just that—House Bill 2669 passed,

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Whistleblower Hospital Employee Sues for Retaliatory Firing

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.

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Seattle Starbucks Employee Loses Job Over Discarded Sandwich

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

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Whistleblowing Retaliation Claim Reversed by Court

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

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Washington Law Protects Employers’ Trade Secrets

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.

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Unpaid Interns in Vulnerable Position Due to Lack of Protections Under Employment Laws

Most undergrads and graduate students face an uphill battle, even after graduation. With the job market less than welcoming, and a constant barrage of mentors and advisors preaching morosely on the employment climate, grads often feel that they must sacrifice pay, or their dreams, in their first jobs. An internship always seems like a safe bet straight out of school. Offering a chance to learn, more mentorship, and a “taste”

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Oregon Courts on Constructive Discharge Claims

Everyone has bad days at work. Most people have coworkers who may be annoying, undermining, and even occasionally name-call in the workplace. Numerous employees believe their bosses are ‘mean’ or on power trips. Almost everyone has days during which the annoyances at work reach a point where they want to quit. An employee has the right to quit, though if you quit your job due to mere annoyance, you will

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Spokane Restaurateur Criminally Charged for Alleged Workers’ Compensation Fraud

The Washington State Department of Labor and Industries (“L&I”) claims that a co-owner of a restaurant in Spokane fraudulently claimed almost $250,000 in workers’ compensation benefits. Wanitta Racicot, who co-owns the Broadway Bar & Grill, claimed that she suffered work-related injuries in 2001 that made her unable to work in her restaurant, according to an article from the Spokane Spokesman-Review. Racicot is expected to enter a plea to the charges

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McDonald’s Proposed Employee Budget Draws Criticism

As the wealth disparity between rich and poor continues to grow in the United States, the minimum wage has been the subject of much debate. Critics contend that the minimum wage does not provide a living wage, while supporters point to market forces and increasing globalization as a reason to keep it where it is. Regardless of the merits of these arguments, the minimum wage is established by the federal

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Disabled Oregonians Should Know Their Rights in the Hiring Process

Discrimination in the workplace based solely on an employee’s disability is against both federal and state law. Any company within the state of Oregon that has six or more employees must comply with Oregon Revised Statutes 659A.100-145, which regulate the civil rights of disabled persons and prohibit discrimination against disabled persons in the employment realm. Furthermore, any company with fifteen or more employees must additionally comply with the American with

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Limitations and Protections for Whistleblowers Under the False Claims Act

Whistleblowers who expose government fraud under the federal False Claims Act (“FCA”) stand to receive awards from the government that can total millions of dollars. As we recently discussed, a former employee of a Tacoma medical provider received an award of $2.7 million from his whistleblower action, also known as a qui tam lawsuit. However, there are many ways that a whistleblower’s award can be decreased or even denied altogether.

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Former Employee Sues Amazon Over Invention and Noncompetition Agreement

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

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Are Employee Handbooks Binding Employment Agreements?

Many newly-hired employees receive a handbook that can cover everything from dress code and leave policies to employees’ rights under Washington law. Employee handbooks can be an effective way for employers to communicate their workplace policies. However, they also can cause legal issues for both employers and employees. One of the most important issues is whether the handbook can form a binding employment agreement that could be enforceable in court.

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Payroll Debit Cards and Washington Payroll Law

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

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Union Alleges that Emergency Management Director Committed Unfair Labor Practices

The job of the Oregon Office of Emergency Management is to help leaders at both the state and local levels prepare for and respond to natural disasters and other types of emergencies. The biggest crisis the office has had to deal with in the last few months, however, is a labor controversy within its own ranks. As the Statesman Journal recently reported, a public employees’ union – the American Federation

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Oregon Restaurant Industry Fights Limits on Tip Sharing

As anyone who has worked in a restaurant knows, tips can be a huge source of stress among the staff. Since many servers are not paid a very generous base rate, they rely on tips as their primary source of income; as such, worries and frustrations surrounding poor tippers run rampant. In addition to these concerns, restaurants’ policies regarding tipping pools can cause a great deal of tension among the

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Washington Credit Reports & Employment

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

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Oregon Court Denies Fire Chief’s Workers’ Compensation Claim

In 2007, the Clackamas County Sheriff’s Office informed Alan Hull, then the fire chief at the Estacada Rural Fire District, that one of his employees had embezzled $1.9 million from the district. The Sheriff’s Office then asked Mr. Hull to go undercover and gather evidence of this employee’s wrongdoing, which Mr. Hull agreed to do. When information about the entire sordid affair came out, the public was, somewhat understandably, incensed

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A Look At Different Washington Workplace Tests

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

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Washington Criminal Records And Employment Prospects

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

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Oregon Considers Making Coaches Pay NCAA Penalties

Sports coaches at universities across the United States provoke strong reactions among fans of collegiate athletics. Especially for coaches of the top collegiate teams, there are few lukewarm feelings, and the coaches are often at the center of controversy for their choices both on and off the field or court. Joe Paterno and Jerry Sandusky might immediately spring to mind for their roles in the sexual abuse scandal at Penn

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Seattle Is A Great City To Find Work, But What About Unemployment?

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

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UO Administration and Faculty Embroiled in Ongoing Contract Negotiations

The stereotypical idea of a labor dispute often involves blue-collar workers, such as factory employees or agricultural laborers. The truth, however, is that struggles for employment rights occur in varying contexts and at many different socioeconomic levels. A perfect example of this is the fact that one of the biggest ongoing labor problems in the state pits the professors at the University of Oregon against the University’s administration. As the

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Court Rules That Spokane County Owes Retired Judge $15,000 for Unused Vacation

Every day employees throughout Washington are forced to fight to ensure that they receive the full scope of wages to which they are entitled. Unfortunately, many employers try to skirt the law and employment contracts, particularly when it comes to more confusing aspects of payment requirements, like overtime pay or back-payment for unused vacation time. Employees are often unclear about their rights, and some may simply accept the actions of

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Are Workplace Dress Codes Legal?

Whether you have to wear a full suit and tie to work or simply have to keep your shoes on, workplace dress codes are common in Washington and throughout the rest of the country. Some Washington companies do it for the sake of professional uniformity, some do it for safety reasons, and some do it just because they want to. Whatever the reason behind imposing a dress code, Washington employees

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Soldier Claims that His Firing Violates Federal Law

As the United States’ involvement in overseas military conflicts has continued for over ten years, military service members continue to require help in adjusting to life back at home. Aside from dealing with the physical and emotional scars of war, veterans often also have trouble finding civilian employment when they return from serving their country. Employment Protections for Veterans One such service member is John Davis, a former soldier who

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Pot-Smoking Pilot Fights to Keep His Job

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

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Employee Suspended On His Last Day Over A YouTube Video

Who would think a YouTube video entitled “Thanks Safeway” could lead to troubles? It sounds like a positive, grateful and potentially boring video. However in this case it may not be any of those things, since it led to the posters suspension. The Video According to an NBCChicago.com story, Steve Yamamoto, a former employee of Dominick’s supermarket, posted his YouTube video the day before his store was due to close

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Temp Work May Be More Dangerous Than You Thought

The economy is slowly returning, but even though more jobs are being created and unemployment is dropping, there are still many seeking work that will allow them to support themselves and their families. A recent report on a Univision program looked at the situation, and often plight, of job seekers. The program looked at the large numbers of people, nearly 2.8 million at last count, applying with and working for

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Tipping on Twitter

From online shopping to reviews directing customers to or away from a business, the internet and social media are becoming more important to businesses every day. Argo Tea, an international tea and coffee seller whose online store sells directly through Amazon, decided to take social media to a new level to the benefit of its employees. The Program During the month of December, from the 5th to the 24th, Argo

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"But during the recruitment and hiring process I was promised…"

Hopefully very few of us know the feeling of arriving for our first day on the job only to find that things at our new workplace are not exactly how we expected them to be. After all, we know what we were promised and this isn’t it! Why are we reporting to Bob when we were told we’d be reporting to Jim? Why are we working third shift when we

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Does the fact that an employer declared bankruptcy excuse that employer from paying unpaid wages?

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

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Nurses Sue Hospitals for Unfair Employment

According to the Beckers Hospital Review, about 16,000 nurses in the state of Washington have filed lawsuits against four hospitals that don’t treat their employees with the respect that they need to. The lawsuits were filed through the Washington State Nurses Association. According to the paperwork, the hospitals would not provide nurses who worked there with adequate rest and meal breaks. They would often be pushed to continue working when

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Negotiating Your Severance Pay

If you have recently been terminated from your job or workplace, you may have been offered severance pay by your former employer. While many people think severance pay is a reward for their hard work, it is more often offered because an employer is seeking to protect the firm from legal actions you may take following your termination. If you agree to take severance pay, you may lose your ability

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FMLA Protection for Part-timers?

  This week the Indiana Supreme Court held that an employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify – even if service in either position alone does not qualify. Tom Powell taught math at Lew Wallace High School in Gary, Indiana, since 1987. From 1987 to 1999, Powell served

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Is “Boot-Up” Time Compensable?

  Have you ever been frustrated by the length of time it takes for your computer to boot up? In light of recent lawsuits, some employers may be, as well. According to an article in the National Law Journal there has been a recent surge in litigation over whether employees should be compensated for time spent booting up their computers and logging out at the end of the day. Workers

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New Law Expands Protection Under the ADA

  With his father looking on, President George W. Bush today signed into law a bill expanding protection under the Americans With Disabilities Act.  The ADA was originally signed into law by the first President Bush in 1990, and he considered the law one of his proudest accomplishments.  In a series of decisions, however, the United States Supreme Court has construed the law narrowly, ruling that workers with disabilities who

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Department of Labor Sues Washington Prisons for Overtime Violations

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

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Video Interviews: Are They Legal?

Internet technology now makes it possible to interview an employee “in-person” anywhere in the world.  The benefit to employers is obvious.  No longer do employers need to pay expensive travel expenses to facilitate an in-person interview.  At the same time, by viewing a candidate on video, the employer can readily discern things about candidates that could make for illegal employment decisions, such as age, disability, and race.  A recent webinar

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"Public Policy" Wrongful Discharge Claim Based on Court Testimony

Here is an article about an interesting case filed recently in the United States District Court for the Western District of Washington.  A counselor for a mental health agency alleges he was fired because of testimony he gave on the witness stand in a domestic violence case.  A copy of the lawsuit complaint can be read here. 

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Defamation Liability During Workplace Investigations

The Ohio Employer’s Law Blog reports today about an interesting case from the Ohio Supreme Court.  The case concerns alleged defamatory statements in an internal investigation report about a police chief.  The police chief sued for defamation after the report was made public.  The Ohio Supreme Court decided that there was sufficient evidence to submit the defamation claims to a jury. 

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Court: Overtime Pay Required Even Where the Employee Was Not Authorized to Work Overtime

A recent decision by the 2nd Circuit Court of Appeals demonstrates that an employer can be liable for overtime pay even if employees have been forbidden to work overtime.  The case is Chao v. Gotham Registry, Inc. and can be read here.  The court examined whether an employer must pay overtime work where it has prohibited the employee from working overtime and does not want the employee to work.  According

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A Few Words About Non-Compete Agreements in Washington

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

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Washington Supreme Court Rejects Claims Based on Delayed Payment of Wages

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

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Busy Term for the U.S. Supreme Court on Employment Law Issues

In addition to the MetLife case reported below, the U.S. Supreme Court is set to hear several employment law issues this term.  Look for more information as these rulings are handed down.  Crawford v. Metropolitan Government of Nashville and CBOCS West Inc. v. Humphries The court will address the scope of protections against retaliation under discrimination laws, and specifically whether employees are protected if they participate in an internal investigation.

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