You are the spouse of a member of the military. Not only has your spouse sacrificed for his or her country by always being ready to defend it, but you have sacrificed your family life for the country, as well. We thank you and salute you. In addition to our thanks and admiration, the state of Washington provides you with additional benefits as a spouse of someone serving in the
Many Colorado employers have programs that allow their employees to essentially donate their accrued paid time off (PTO), including sick leave and vacation days, to co-workers who are experiencing health or family emergencies or serious medical issues. Not only do these leave-donation programs promote the ultimate level of goodwill amongst coworkers, they also help to maintain productivity in the workplace, while allowing employers to allow their employees during times when
Most employee discrimination lawsuits involve an employer who uses discriminatory hiring practices to weed out potential hires. In certain circumstances, a hostile work environment is created by a company-wide culture of discrimination. There is another class of employment law altogether that relates not to protected people but to protected actions. These often involve a company retaliating against an employee for filing a complaint or blowing the whistle on an illegal
If privacy is an issue that has started to cause you concern, you are not alone. In Oakland, California, a trio of concerned citizens has decided not to sit back and wait for the technology industry to figure out how to safeguard personal information. Instead, they have worked to put an initiative – The California Consumer Privacy Act of 2018 – on the ballot. If it passes, it will boost
Construction accidents are considered a “no-win” for all parties involved. The injured person will have to deal with the pain and agony of an injury followed by a recovery period; the employer will have to deal with labor issues, workers’ compensation, and the like. To prophylactically avoid labor force injury, the Washington State Legislature requires employers involved in potentially hazardous occupations to draft an accident prevention program, or APP. In
The Fairness Act for job applicants in Oregon now forbids employers from accessing information in a job applicant’s credit report for hiring purposes, except for cases in which the information relates to the company where the applicant is seeking a job (Revised Statutes Sec.659A.030). Let’s say an employer finds out that the information is related to the job to be performed. A printed assessment is issued to the applicant with
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the testing carefully. It can easily infringe on the common laws of an employee, which is considered the privacy rights of
Are you given sufficient rest breaks at work? Is your personal health at risk due to a lack of consideration by your employer towards break policies? As an employee, you should have proper breaks in the workplace. Oregon Law clearly states that it is mandatory for employers to grant meal and rest breaks. Any violation of this rule can attract heavy penalties. For instance, the Bureau of Labor and Industries
The Washington Minimum Wage Act, or WMWA, regulates the terms and conditions of minimum wage and overtime pay to Washington state workers. It empowers the Washington Department of Labor and Industry, or WDLI, to enforce rules, recover pay owed by employers, and to make related rules and regulations. The WDLI also has investigatory power with respect to claims of wage violations and has the authority to gather data about wages,
Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed a bill taxing health care providers. This is to compensate for the Medicaid fund reduction. The industry has expected this
Registered nurse and former clinical manager Joanne Cretney-Tsosie filed a lawsuit against Nevada-based Creekside Hospice several years ago in a bid to expose fraudulent practices pertaining to patient admission and eligibility, issues impacting the submission of reimbursement claims to Medicare. The case was settled this summer to the tune of $53 million, implicating conglomerate Genesis Healthcare. In this instance, and eventually with the government’s help, illegal practices were exposed and
When a union that properly represents a unit of employees requests that that the employer bargain, then there is generally an obligation upon the employer to bargain. The National Labor Relations Board, per the National Labor Relations Act or NLRA, and the Washington Office of Financial Management require the parties to negotiate “in good faith.” This negotiating is a good faith attempt to reach an agreement regarding hours, wages, and
An abrupt policy change at LuLaRoe was one factor that led employees to file a class-action suit against their employer. In addition to shady business practices in general, the suit alleges that LuLaRoe is no more than a pyramid scheme. Details of the Case LuLaRoe is a direct sales clothing trademark whose sales people claim that they were deceived when the return policy for inventory changed without notice. Originally, employees
A new Nevada pregnancy law is about to make a significant impact on how employers do business internally. What, however, does that mean for employees themselves? If you are an employee who is pregnant or may become pregnant, there are a few things you should know about your new rights and what it means to exercise them. There are indeed some responsibilities on your end, particularly if you wish to
The right to strike has been a tool in a worker’s toolbox probably since the beginning of time. Historical records from the 20th Dynasty of Egypt, during the 12th century BC, show that workers refused to work by walking off their jobs because they had not been paid. Marxism, on the social level, came to the United States in the late 19th century, wherein workers banded together to unionize with
Does your employer require you to use your personal cell phone, tablet, laptop, or other device to do your job? BYOD—Bring Your Own Device—is the latest movement that has overtaken the workplace. It has benefits for both employees and employers, but some California employers have found that taking advantage of their workers’ willingness to BYOD may have legal consequences. If you find yourself in a similar situation, you may wish
While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their employees in an equitable fashion. A recent Nevada lawsuit pertaining to sex-based discrimination serves as only the latest evidence that
Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or if there is an unexpected need for you for any other reason? Surely, at least you are paid to be
Unlike other states like Michigan, Washington is not a right-to-work state. This creates controversy over whether legislating a right-to-work statute would be a positive or negative development for workers whom would fall under such a law. Origins of the Right-to-Work Laws The right-to-work concept goes back to at least 1902, when there were questions as to whether union power was a positive or a negative. At the time, the labor
The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues for recouping their wages that are available to them. The Oregon labor law specifically allows for securing backdated wages that
The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts will be examining personal information about both the defendant and plaintiff. Some of the information that is being discussed in
The Seattle-Tacoma International Airport serves as a hub for airlines such as Alaska Airlines and Delta Airlines. Seattle serves as a gateway for those traveling from the United States to Alaska, especially during the summer months when there is a surge of tourists heading north. In 1926, Congress passed the Railway Labor Act, or the RLA, that was supported by both labor and management. At the time, the main mode
Boss: “Joe, get me some coffee.” Joe, the employee: “How would you like it?” Boss: “Regular, with cream and sugar.” Joe: “I am going now to get it for you.” Five minutes later, Joe returns with a cup of coffee. Boss: This coffee is terrible. It takes an idiot like you to mess up something like coffee. Not only do you not know how to make copies, you are clueless
Do you question the scruples of your employer? Are you suspicious that certain policies and/or actions may break state or federal laws? Are shady practices cheating competitors or other organizations out of their fair profits? If so, are you considering blowing the whistle? Such action comes with certain dangers. Some employers do not take kindly to reports revealing their unprincipled practices, but you should know that both state and federal
While your company is itself subject to legal protections, there is still no doubt that it must conscientiously navigate the rights of its employees and of those prospective hires that may soon be. So long as your business acknowledges those rights appropriately, it will have remained on the right side of important laws and be less likely to face potentially costly disputes down the road. Consultation with an attorney may
The Family and Medical Leave Act (FMLA) is a program that allows employees an opportunity to take unpaid leave to care for family related responsibilities. Employees who utilize FMLA are able to balance their personal emergencies and employment knowing that their jobs are protected for qualifying absences. An employee must meet certain criteria regarding length of time worked for the employer and the basic provisions are administered by the Wage
As a condition of employment, were you asked to sign an arbitration agreement? If so, recent court cases related to California’s Private Attorneys General Act (PAGA) may be of interest to you. Consulting with a good employment attorney may be a worthwhile investment for you at this point. How Does Arbitration Work? Companies and individuals who sign on to arbitration agreements essentially decide to settle any disputes with the use
New businesses often have an exceptional grasp of their industry and marketplace in general, but a new business owner should familiarize him or herself with pertinent laws, too. Companies opening up shop in Nevada are no exception. Unless you happen to be an already-large corporation with an in-house legal team, consulting with a local attorney can be an important step in the right direction early into your planning process. An
In 1935, Congress created the National Labor Relations Act, or NLRA, “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.” As noted, the NLRA rules apply to both the employer and the employee. The purpose of these rules are to create a fair workplace
The number of adults in the United States with an active social media presence has grown steadily over the last few years. In 2008, approximately 24% of the population used social media while today at least 81% of the population utilizes social media. As the number of people who use social media daily grows, more employees are finding themselves in the unique position of having their professional lives impacted by
Oregon joins Seattle, San Francisco, California, Emeryville, and New York City in developing a predictive scheduling law as an addition to its minimum wage rules. The provisions of instrument number S.B. 828 will start to take full effect on the 1st of July, 2018. The provisions are meant to regulate the way in which employers schedule time and pay for workers within the hospitality, food, and retail industries. The rules
Are 14-and 15-year olds legally allowed to work in California? The short answer is yes. However, there are strict federal regulations governing their hours and the types of jobs they are allowed to do. If you are a parent of a teen who wishes to make a few buck of his or her own money, you should be aware of the laws guiding minor employment. If you feel your child’s
Beginning in 2018, Nevada employees subject to domestic violence, whether experienced personally or amid household, will be entitled to accommodation from their employers. Specifically, Senate Bill 361 requires that those impacted by domestic violence be afforded leave on account of those circumstances. It also prohibits any kind of discrimination against said employees. Governor Brian Sandoval signed the act into law earlier this year. Given the expansive interpretation of domestic violence
The Great Depression hit the United States hard. During the 1920s, Americans saw significant prosperity. Construction was booming, people were buying automobiles, and life was moving forward. The 1929 stock market crash sent shock waves through the U.S. economy, eventually leading to bank failures and Hoovervilles. In response to the Depression, President Roosevelt launched the New Deal, which increased government projects across the country. Through government money, people went back
Are workers required to have periodic breaks during the workday? Ask Elon Musk, CEO of SpaceX in Hawthorne, California. When workers were denied breaks every four hours, as required by California law, and also were not compensated for working during those required breaks, they went to the courts for a remedy. $4 million dollars later, the issue is settled, and Musk presumably understands his obligation to workers. This 2017 case
Hostility in the workplace is often overlooked and underreported because employees do not always recognize that they are working in a hostile environment. The legal criteria that needs to be met in order to classify a workplace as hostile is not widely known, discouraging the average person from reporting possible problems. No adult wants to place his or her career at risk by complaining about incidents that were not actually
When Colorado decriminalized the use of marijuana on January 1, 2014, many employees thought it would be safe to engage in their pastime on lunch breaks and outside work without fear of repercussions from their employer. After all, the citizens of that state scored an apparent victory by “legalizing” the use of pot. Unfortunately, employees who choose to use marijuana recreationally still need to comply with employer drug-free policies. This
“Hindenburg,” “powder keg,” “Titanic,” and “apocalyptic.” These words probably aren’t banned in your office, but General Motors instructed employees to avoid using these and other words and phrases—68 total—in internal communications about safety issues. Words like “deathtrap,” “widowmaker,” and “rolling sarcophagus,” are out, as are phrases such as “This is a death trap waiting to happen,” and “Unbelievable engineering screw-up.” GM calls these things “judgment words.” The company told employees
When the federal government shut down for sixteen days in October, it left approximately 400,000 employments across the United States effectively jobless. A small percentage of these employees applied for unemployment benefits during that time, and some of them were approved and actually received benefits. However, now that Congress approved back pay for the furloughed employees, whether or not they will have to pay back the unemployment benefits depends on
From coast to coast, cubicle to cubicle, workplace jargon is collectively despised. Words like value add, impactful, and brainstorm usually induce more cringes than work product. That’s why crossing certain words off your workplace vocab list could help you cross things off your to-do list. The Problem With Jargon Workplace jargon is more than an annoyance; it’s a time-eater. Language has the power to shape thoughts and action, and when
A Georgia school bus driver claims he was fired for speaking on behalf of hungry school children. The Times-Georgian reports on the bus driver, Johnny Cook, who worked for the Haralson County School System, when he complained about the school system’s school lunch policy on his personal Facebook page. Cook claimed a child told him he was denied lunch because he did not have money to pay for it. His
Yet again, multi-billion dollar retail giant Walmart recently found itself making employment news headlines. Earlier this year, one of Walmart’s largest distributors, Schneider Logistics, settled a labor dispute case with hundreds of workers for millions of dollars. Though Schneider Logistics agreed to pay the workers, the company refused to admit fault for any wage or hour law violations. The Schneider Settlement Three employees filed the claim against Schneider in 2012:
The Fair Labor Standards Act (FLSA) regulates hours and wages for American workers on the federal level. FLSA requires that all employers must pay employees at least the federal (or state if it is higher) minimum wage for all hours worked. Additionally, if an employee works over 40 hours in one week, he or she must receive time and a half wages for any overtime hours. “Time worked” is an
A Taco Bell manager made the news recently for allegedly telling his employees to lock a sleeping homeless man in the restaurant’s dumpster. According to the article, a customer, Jacob Cook, at the Redding, California Taco Bell, overheard employees tell their manager about a homeless man sleeping in the dumpster. The customer claims he heard the manager tell the employees to lock the dumpster lid and shut the gate surrounding
New background check procedures for banks and their foreclosure agents will hopefully address a widespread and troubling problem in the industry. A recent Huffington Post article highlighted a number of instances in which individuals responsible for maintaining and inspecting homes up for foreclosure have broken in, stolen items and even changed the locks on homes that are still occupied. Thousands of complaints and several hundred lawsuits exist against bank contractors,
Many Americans believe that their right to free speech under the First Amendment of the United States protects their right to say whatever they want on social media. Furthermore, many people believe that their personal social media accounts should be their own business, and should not affect their professional lives. In many instances this is the case, and, in fact, many laws reinforce this idea. Several states including Oregon have
Oregon employers are required to keep certain records on hand for each employee, compiled in a personnel file. These records are highly important in case an employee believes he or she has suffered discrimination, wage and hour violations, any form of retaliation, or wrongful termination. While employees should know their rights regarding their access to personnel files, employers should also be aware of the relevant laws, as there are potentially
The Fair Labor Standards Act (FLSA) dictates minimum wage and hour requirements for employees in the United States. A recurring question in employment cases involves whether employees must be paid for time changing into or out of clothes required for the performance of their job. Section 203(o) of FLSA specifically states that employees should not be paid for time spent changing clothes or washing, if a collective bargaining agreement states
Employers are generally not supposed to concern themselves with the legal activities of employees after work hours. For example, employees are allowed to drink, smoke, or gamble (where it is legal) during off-hours. Furthermore, employees are allowed to join whatever church, temple, or other organization they choose, and are allowed to complain about their jobs to others as long as no confidential information is revealed. In many states, including Oregon,
A whistleblower is an employee who reports alleged misconduct within the company, either internally or to external authorities. The misconduct reported usually entails the violation of a regulation or law, such as labor law or health code violations, or other types of fraud or corruption that may affect the public. Both federal and Oregon state laws protect whistleblowers from retaliation by the company, as the government wants to encourage whistleblowers
Alabama State University’s first female president created almost as many headlines as her contract. Gwedolyn Boyd is a reverend, single, and the university’s first female president. She is not the University’s first single president, though. As president she will receive $300,000 a year, and will be able to live in the president’s house on campus. However, her contract covers more than where she’ll live, how much she will be paid,
One of the most high-profile labor disputes in the news recently is between star third baseman for the New York Yankees, Alex Rodriguez, and Major League Baseball. Rodriguez has long been under investigation for using performance-enhancing drugs in violation of league policies and rules. The MLB investigators claimed that Rodriguez was part of the Biogenesis scandal that resulted in suspensions of 14 professional baseball players for a total of almost
A pending case out of Massachusetts may set a standard for pizza delivery chains across the United States. Employees of national chain Domino’s Pizza filed a claim stating that Domino’s had violated wage and hour laws by keeping the delivery charge that customers paid instead of giving the money to the delivery drivers. The main question is whether an online disclaimer is sufficient to notify customers that the service charge
A UK restaurant learned a hard lesson about disgruntled former employees, termination procedures, and social media. The Plough is a restaurant that also provides catering services. When The Plough’s head chef, Jim Knight, requested a weekend off in December and to spend Christmas with his family, he claims he was fired. Knight had only been working at The Plough since October. According to his former employer, Knight was aware from
It is not often that a company makes positive headlines when it comes to its social media. And it is even less often that a company will break with the belief that “the customer is always right,” particularly at a time when major retailers have decided Thanksgiving a major financial opportunity and not a holiday. But a Washington state employer made international news for standing up for his employees’ holiday
In Part 1 of this article, we explained how the Oregon legislature has enacted or updated several laws affecting employers and employees throughout the state. It is always important for employees to be aware of their rights so they may identify any violations thereof. Furthermore, it is equally important for employers to stay on top of the changing employment laws so that they may ensure compliance with the law and
The Americans with Disabilities Act (ADA) protects employees with qualified disabilities from discrimination, harassment, and retaliation in the workplace. A qualified disability under the law is a mental or physical impairment that substantially limits a major life activity. Such major life activities include hearing, seeing, speaking, breathing, walking, learning, or performing manual tasks. If an individual with such an impairment is able to perform the essential functions of a job,
As the New Year quickly approaches, employers and employees alike will want to be aware of changes in Oregon’s employment laws going into effect on January 1, 2014. Employment law was often at the forefront of legislators’ agendas in 2013, with the living and minimum wage debate and the fight for more employee rights heating up. Luckily for Oregonians, our state is one of the most pro-employee states in the
Nearly half of all employers check an applicant’s credit before offering a job or an employee’s credit prior to a promotion. Employer credit checks are currently legal under the Fair Credit Reporting Act (FCRA) and are conducted from minimum wage, entry level jobs all the way up to senior management positions. According to a recent report, at least one in ten Americans without a job has been denied a job
A government contractor is any private company that has a contract with the federal government to produce goods or services, and may range anywhere from small businesses to corporate giants. Federal government contracts are extremely important to the economy in the United States. Government agencies pay approximately $500 billion every year in contracts to companies that employ 22 percent of the United States workforce. In choosing companies with which to
Both federal and state laws protect an employee’s right to refuse to participate in unethical or illegal behavior. Furthermore, the laws prohibit an employer from retaliating against an employee who refuses to engage in questionable practices or reports any such practices. An employer may not threaten, discipline, demote, terminate, or otherwise treat an employee in a negative manner for any legally protected activities. Deputy Fired for Reporting Police Cover Up
The holiday season tends to bring out the festive spirit in people and in companies. People throw Christmas parties, New Year’s Eve parties; some even throw Thanksgiving and Winter Solstice parties. But, when companies decide to throw similar parties the logistics and concerns frequently seem far more complicated. Huffington Post recently posted a top 10 list of office holiday party “fails.” It contained some of the well-known pitfalls, particularly ones
Many courts around the country have ruled that much of an employee’s activity on social media sites, such as Facebook and Twitter, is protected activity under the First Amendment of the Constitution of the United States. This means that employees may not be terminated or disciplined for protected online speech. However, this is not a blanket rule for all social media activity, as courts analyze the facts of each individual
Earlier this year, the United States House of Representatives approved a bill titled the Working Families Flexibility Act of 2013. Specifically, this bill aimed to amend the overtime pay requirements of the Fair Labor Standards Act (FLSA) to allow employers to offer compensatory time off in lieu of time and a half overtime pay. Though the bill was never signed into law, Senate Minority Leader Mitch McConnell (R-KY) has introduced
The Tri-City Herald recently posted a story detailing Washington State’s Department of Labor and Industry’s efforts and intent to be more “user friendly,” particularly for employers. The Department of Labor and Industry is a state agency that handles everything thing from employee complaints over safety to workers’ compensation claims to licensing. The department assists and interacts with employees and employers on these matters. They insure that employers are following the
Washington residents, outside of Seattle, with criminal records and who are contemplating where to apply for a job may want to think about Target. Target made news this week when it announced that it was dropping the question about criminal history from its applications nationwide. Starting January 1st, anyone applying to work at Target will have the opportunity to have their applications evaluated on a level footing with everyone else,
The federal Fair Labor Standards Act (FLSA) and Oregon Revised Statute 653.261 both regulate minimum employment conditions for workplaces within the state. Such minimum conditions include minimum hourly wages, required overtime payments, and required rest and meal periods. These conditions do not apply to all employees, however, as many employees are classified as “exempt” from these regulations. Oregon Revised Statute 653.020 outlines which employees may be considered exempt, including certain
Most people have seen the “X days since last workplace accident” signs at some point in their life. The larger the number of days the better it is for employers and employees. Spokane Purina Mill will have a very small number after an accident on October 5. The Spokesman-Review reported on the recent unfortunate workplace accident in Spokane. A 29 year old man was working above the grain mill on
The Family and Medical Leave Act (FMLA) allows employees to take up to twelve weeks of leave per year for certain reasons without the fear of losing their jobs. The Oregon Family Leave Act (OFLA) provides further, similar protections for employees within the state. These reasons include: Serious health conditions that affects the employee’s ability to perform the essential functions of the job. Following the birth of a child and/or
Employees in Oregon are protected under both federal and state laws from discrimination and harassment at work based on factors such as race, gender, sexual orientation, age, disability, and many more characteristics. Furthermore, an employer may not discipline, demote, discharge, or otherwise retaliate against any employee who complains of unlawful discrimination or harassment. Most employees and employers have sufficient knowledge of employment discrimination laws to be able recognize a violation
The United States Supreme Court’s historic decision in United States v. Windsor struck down provisions of the Defense of Marriage Act (DOMA) limiting the federal government’s recognition of marriage to the union of “one man and one woman.” In doing so, it opened the door for same-sex couples to have access to the same federally granted rights and benefits that their opposite-sex couple counterparts enjoy. Implementation of the decision requires
A Portland man was sentenced to 10 days in jail for videotaping his co-worker while she was using her breast pump at work. Russell Kent Gordon used a spy pen to tape his co-worker claiming that he wanted to make sure she was not stealing from the company. A recent AOL-Jobs post listing 10 legal ways employers can spy on their employees includes videotaping, so long as it is not
After the recent Navy Yard shooting, employee background checks got national attention. A Reuters’ article explains that the U.S. Navy was not aware of the specifics of the shooter’s criminal history in Seattle. The Navy may have been aware of his recent interactions with police due to his hearing voices. Both the criminal and medical history could have made a difference if the Navy had known or acted upon them.
Kleiner Perkins Caufield & Byers (KPCB), a venture capital firm that helped companies like Amazon and Google get startup money, will not be able to arbitrate its current discrimination case. The San Jose Mercury News reported that Ellen Pao, a former partner at KPCB, filed a sex discrimination claim against the firm. She claimed that she was punished and excluded from important opportunities in the firm after she complained to
The holiday season is fast approaching. Many companies are preparing for increased demands from holiday shoppers and many people are beginning to look for holiday employment, both full-time and part-time, The Puget Sound Business Journal reported that Amazon plans to hire 70,000 full-time holiday employees. This is a significant increase in seasonal workers over last year’s numbers. More importantly, the article mentions that many of those seasonal employees could become
The minimum wage is a hot topic these days, especially in light of all of the fast food workers’ strikes that are occurring across the nation. As we recently discussed, voters in the city of SeaTac can vote in November to increase the minimum wage of workers in and around the Seattle-Tacoma International Airport. However, the ballot initiative faced legal challenges from employers, such as Alaska Airlines and the Washington
Retirement is something every employee looks forward to, particularly if the employee knows money has been set aside for retirement. Not having money set aside can be stressful for those close to retirement age. However, discovering that the money set aside and promised for retirement is no longer available or is significantly less than expected could possibly be even worse. Recently, retired city employees in Detroit appeared before a bankruptcy
A federal judge in the Eastern District of Washington reversed a jury verdict and award in favor of a group of firefighters who had sued the city of Pullman, Washington for employment discrimination. In his opinion, the district judge reversed the jury’s decision that the firefighters had faced retaliation for defending a fire captain who had been accused of sexual harassment. This case illustrates how important it is to satisfy
Due to the enactment of the Oregon Medical Marijuana Act (OMMA) in 1998, Oregon is one 20 states plus the District of Columbia to pass legislation legalizing the use of marijuana for medical purposes. The laws under OMMA, ORS 475.300-ORS 475.346, protect citizens with debilitating medical conditions from criminal liability for the use of small amounts of marijuana as part of a physician recommended pain treatment program. Furthermore, the Oregon
The United States Department of Labor recently fined several grocery store chains in the Midwest more than $130,000 for various violations of child labor laws. While child labor violations may sound serious, in reality the stores were not putting the young employees in harm’s way and no kids were abused or injured in the course of their employment. Instead, during routine audits, Department of Labor representatives found out that teens
The Oregon legislature has passed several new employment measures in 2013, most of which took effect on January 1, 2014. Many of the laws provide additional rights and protections for Oregon employees, which demonstrates a positive pro-employee trend among the legislators. Employees throughout the state should familiarize themselves with the new laws to ensure they receive the new benefits to which the new laws entitle them. Some of the laws
The unfortunate reality is that anyone can become a victim of illegal acts such as domestic violence, harassment, sexual assault or stalking. Victims of these crimes may requirement several different kinds of assistance from medical doctors, therapists or psychiatrists, law enforcement, etc. Working with law enforcement and prosecutors and ultimately serving as a witness to convict the offender can be very time consuming, and personal recovery–physical, mental, and emotional–even more
We recently discussed federal and state minimum wage issues in a blog post highlighting McDonald’s somewhat out-of-touch proposed budget for its minimum wage employees. “Big box” retailers have long been the subject of criticism for paying their workers particularly low wages, drawing displeasure from observers who claim that the companies fail to pay their employees a living wage. D.C. lawmakers are now looking to target companies such as Wal-Mart by
Many employers are under the mistaken belief that simply because an employee is salaried, they are not entitled to overtime pay. The federal Fair Labor Standards Act (FLSA), as well as any applicable laws in your jurisdiction, regulate issues such as minimum wage, overtime, record keeping, and child labor. When certain employees work in excess of 40 hours in a given work week, federal and state laws require that the
Pregnant women are protected from discrimination under Washington and federal law, but employers and employees may not be aware that new mothers also enjoy certain legal protections. One important issue that the laws address is the rights of breastfeeding mothers. Knowing these laws will help employers avoid employment lawsuits and will help employees protect their legal rights. Federal Law Related to Breastfeeding The federal Fair Labor Standards Act (“FLSA”) was
In these current economic times, job security is a luxury. It seems that we cannot go a day without hearing about layoffs or another company filing for bankruptcy. Sometimes, when companies are forced to cease operations, they may not have enough money to pay their employee’s final wages. Not only are the employees then out of a job, they may also be without a final paycheck on which they may
Many businesses may have multiple people working for them on a part-time or contractual basis, fulfilling needs as they arise or as particular projects come up. Generally, most employers think of these workers as independent contractors, and in many cases they may be correct. Sometimes, however, conduct on the part of an employer may actually operate to turn an independent contractor into an employee, opening up a variety of legal
In Washington, employees who believe that they have been the victim of workplace discrimination can file a discrimination lawsuit under state or federal law. Federal laws against discrimination are enforced by the federal Equal Employment Opportunity Commission (“EEOC”), and Washington laws are enforced by the Human Rights Commission (“HRC”). The federal and state laws and enforcement procedures are similar, but there are important differences that employers and employees should know.
Nearly everyone will have to deal with certain life events that can make working nearly impossible. As a result, both state and federal law mandate that employers give their employees a certain amount of leave to deal with certain types of events. The types of events that make an employee eligible for leave include the birth of a child, medical conditions, pregnancy, or injury. The Oregon Family Leave Act (OFLA)
The Fair Labor Standards Act (FLSA) sets out strict guidelines for how employees must be compensated for their work. For example, to comply with the federal law, employers must pay each employee a minimum of $7.25 per hour. Employees who work over 40 hours per week must be paid a higher overtime rate unless their position is specifically classified as exempt. In addition to FLSA, Oregon has its own state
The Washington Minimum Wage Act (“MWA”) requires that employees’ wages at least equal the minimum hourly rate. The MWA is fairly straightforward for employees who are paid by the hour. However, the MWA can be complicated when workers are paid by commission or piece rate, because they still must receive at least the minimum wage. Employers who do not follow the MWA could face an unpaid wage claim. What Does
A recent investigation by the Washington State Auditor’s Office revealed that a former employee of the Department of Ecology had spent more than 85 hours giving coworkers massages while on the clock. The employee was training to become a massage therapist and was using state time to fulfill practice requirements to obtain her license. The Auditor’s Office determined that the employee had violated ethics laws by using state resources for
Your confidential employment file contains everything an identity thief would need: your name, address, Social Security number, tax forms, and maybe even bank account numbers or medical information. Because employers have so much of their employees’ personal information, it is important that they keep it safe. However, a recent Seattle Times article reports that a Banana Republic customer received confidential files for about 20 former Gap employees instead of the
The United States Department of Labor recently investigated 110 restaurants across the Portland area for possible violations of the Fair Labor Standards Act (FLSA). Restaurants across the nation are notorious for wage and hour violations, and the Portland district director of the Labor Department, Jeffrey Genkos, has stated that restaurants are regularly on the department’s “radar.” Wage and hour violations are common in restaurants partly because the workforce is often
A city employee in Bridgeport, Washington was fired on account of a $1.69 cherry pie, according to an article published by the Wenatchee World. David Greer, who was an employee in Bridgeport’s public works department for 21 years, is now filing a wrongful termination lawsuit against the city. Greer was picking up snacks for his coworkers when he placed the pie in his pocket because he had too many things
In 1998, Oregon became one of the first states to legalize the use of marijuana for medicinal purposes (eighteen states, as well as the District of Columbia, now have similar laws). While Oregon does not have any legal marijuana dispensaries, an individual who suffers from certain diseases or disabilities can grow, possess, and use marijuana with a doctor’s recommendation. Until recently, the conditions under which Oregonians could legally use marijuana
Oregon’s Office of Emergency Management has been fielding one crisis after another in recent weeks. Given that the Office’s stated role is to help Oregon’s state and local leaders prepare for and respond to natural disasters and other emergencies, it is ironic that the messes currently facing the department are all internal, manmade, personnel concerns. First [link to “Union Alleges that Emergency Management Director Committed Unfair Labor Practices”] was a
When can an employer be liable for damages in a hostile work environment or harassment lawsuit filed by an employee? One important issue is whether the employee was harassed by a coworker or by a supervisor. The Ninth Circuit, which includes the state of Washington, had decided that a supervisor is someone who has authority over the employee and oversees the employee’s work. However, the Supreme Court ruled this June
In early June fast food workers across the country, including in Seattle, staged a 24-hour strike at some of the most popular chains in the area: McDonalds, Subway, Taco Bell, and more. As we previously discussed, the workers had many general concerns about employment practices. One of the general themes of those participating in the strike was the chronic problem of “wage theft” at these locations. As discussed in a
In two of our recent blog posts(“Oregon Restaurant Industry Fights Limits on Tip Sharing” and”Tip Sharing Litigation Brings into Question the Limits of the Labor Department’s Authority”), we discussed how the restaurant industry in the Pacific Northwest had brought suit in Oregon’s district court against a Labor Department rule limiting tip-sharing arrangements among tipped and non-tipped employees. It seems, however, that tip pools are not the only area of conflict
Most economic indicators suggest that we are working our way out of the recession that struck several years ago. Yet, even though the general signs indicate things are improving, all Washington residents appreciate that it still remains very difficult to both get a new job and keep a current one. Unemployment is still higher than it should be and the mantra “It’s tough out there” still applies. When it comes
Generally, one of the major functions of the United States Department of Labor is to ensure that employers act fairly toward their employees – paying them fair wages, not overworking them, and protecting them from harassment, among other things. According to the Oregon Farm Bureau, however, the Labor Department has overstepped its authority in investigating blueberry farmers within the state. According to a report in the San Francisco Chronicle, the
Employer access to employee social media content has been a hot topic for months (if not years). As we discussed in a post earlier this month, in Washington the issue made its way to the statehouse this session with the passage of Substitute Senate Bill 5211 which addresses the matter. The law includes a wide range of provisions that have important implications for both Washington employees and employers. In general,
Work is work. But it does not always have to feel that way. Company parties are a great way to employers and employees to connect with each other on a personal level and loosen up. With summer upon us, many Washington companies will be hosting BBQ’s and other mixers during or after work for their employees. But is serving alcohol at a company party really a good idea? Before getting
According to a recent study by Tobacco Control, smoke breaks are expensive not just for the employee that has to pay for the rising cost of cigarette packs, but for the employer as well. $5,800 per year for every smoker is the cost a business must pay for smoke breaks and the health issues that come with years of smoking. NPR quotes Ohio State professor Micah Berman on the findings
In our last post, we discussed an ongoing legal battle between the United States Department of Labor and members of the restaurant industry in the Northwest. The case involves tip sharing arrangements at restaurants in which servers are required to pool either part or all of their tips together, and the resulting amount is redistributed among both servers and other restaurant staff. In 2011, the Labor Department made a rule
A Washington job interview can be a rigorous process. And rightfully so, not only is your potential employer trying to determine whether you have the skills to get the job done but they also wants to make sure you have the personality and other features that will mesh well with the company culture they are trying to achieve. It comes as no surprise that social network profiles are a great
A few weeks ago, we informed you that the Oregon House of Representatives was considering a bill that would prevent employers from requiring their employees or potential employees to provide access to their social media accounts. As KATU.com recently reported, the Oregon Senate passed House Bill 2654B with a large margin of support (28 to 1, with one excused vote). Though an earlier version of the bill already passed a
Work is work. And for that very reason, Washington employees should not have to deal with additional headaches during their days at the office. But the sad reality is that workplace harassment, discrimination, illegal pay practices and other illegal employment activities happen all the time in the state of Washington and throughout the nation. With this reality in mind, Washington employees should be aware of things they can do to
A Portland-based company called Alta Bicycle Share has experienced its share of professional peaks and valleys in the last few weeks. Citi Bike, a wide-ranging bike share program run by Alta Bicycle Share, recently opened to great fanfare in New York City. With 15,000 members and 6,000 bicycles at over 300 stations across Manhattan and Brooklyn, the bike sharing program is the largest of its kind in the United States.
In our series on the debates surrounding Oregon’s Public Employees Retirement System (PERS) and its potential reforms, we have looked at the issue from several different perspectives: first we examined the major problems plaguing the system, then we explored how the brokenness of the system has adversely affected schools and working teacher, and finally we discussed the arguments put forth (mainly by unions and retired or nearly retired teachers) for
In our last two blog [PERS Reform: Money Match Makes Pension Costs Rise to Unaffordable Heights] posts [PERS Reform: Budget Woes Are Hurting Teachers and Students], we discussed the major problems facing Oregon’s Public Employees Retirement System (PERS), and how PERS’s problems are affecting teachers in Oregon’s public schools. In this post, we will look at the issue from the so-called ‘union’ perspective – the perspective of teachers’ union activists,
https://hkm.com/bereavement-leave-soon-available-oregon-employees/Recently, we discussed a new ordinance passed by the city of Portland that guarantees all employees the right to sick leave benefits. Now it seems that the state of Oregon is following Portland’s lead and considering expanding leave benefits for employees across the state. The Oregonian recently reported that Oregon’s lawmakers are considering three separate bills regarding employee leave benefits in this legislative session; under the new laws, employees in
As with many employees across the country, a union protects the employment rights of Portland’s police commanders. A new move by the Portland mayor to decertify the police commanders’ union, however, has many employment rights advocates worried that the city is trying to infringe on the rights of commanding officers in the city. Currently, the Portland Police Commanding Officers Association (PCOA), which was established in October of 1989, represents 51
How can Seattle Taxi cab drivers help Georgia container port workers? According to an in-depth story on worker’s rights from In These Times, the past experiences of unionized cab drivers in Seattle may offer hope to those workers fighting for rights in one of the busiest ports in the country. The Problem The story explains the plight of the port workers in Savannah, Georgia. The port is the 4th largest
Washington made history last November when voters approved the recreational use of small amounts of marijuana for adult users. The ballot initiative which passed eight months ago makes Washington and Colorado the only places to allow such use under state law. Eighteen other states and the DIstrict of Columbia allow marijuana use for medical purposes. Considering that many employers require drug testing for employees, the legal status of the drug
Though unions are normally considered organizations that protect the interests of workers, two Oregonians, along with an out-of-state donor, are pushing a ballot initiative that would seek to protect employees from union membership. The Oregonian reported in late March that Washington County attorney Jill Gibson Odell – the former legislative director in the Oregon House Republican office from 2007 until 2010 – and Libby Braeda of Tigard, Oregon had introduced
When most people hear the term “labor dispute” they normally picture a large corporation with several layers of disconnected managers and unfeeling personnel policies. While there are many – too many – cases of this sort, even small, seemingly labor-friendly nonprofit organizations can become embroiled in employment rights disputes. Nonprofit Radio Station Tries to Streamline Personnel Policies As the Portland Tribune reports, this is the case with KBOO, a Portland
233-204. That was the final tally that passed the Working Families Flexibility Act in the House of Representatives. The Working Families Flexibility Act would touch private-sector Washington state employees as well as private-sector employees nationwide. The crux of the Republican-backed bill is fairly simple: employees would be able to receive “comp” time instead of overtime pay for work over 40 hours in a given week. That comp time could then
As we discussed previously, Evans Fruit Co, a Yakima-based fruit company has recently been faced with not one but two lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of the company’s current and former orchard workers. The first suit dealt with sexual harassment claims, the second suit alleged retaliation. Both of these lawsuits have now been dismissed by a federal judge Lonny Suko in Washington for
Last month, the Portland City Council unanimously voted to enact an ordinance guaranteeing the right to sick leave for employees in the city of Portland. The Portland ordinance follows similar measures enacted in San Francisco and Seattle, and it was pushed through by a large coalition of local activists and groups, including the non-profit Family Forward Oregon, Portland City Commissioner Amanda Fritz, and the Oregon AFL-CIO. According to the paid
As a resident of the beautiful state of Washington, jury duty is your civic duty. Don’t worry, you are not being picked on—every state places similar obligations on their residents. You may have received many jury duty summons in your adult life and never been chosen to sit on a trial. That doesn’t matter here. What does matter is that when you receive a jury duty summons in the mail,
Full-time, part-time, contractor and consultant – Washington employees can take on a variety of work relationships. And with the growing employment diversity the state has been enjoying, this range will continue to grow. One thing that manyWashington employees may not realize is that their employment classification also comes with different legal implications. Two of the more commonly conflated employment classifications have to do with full-time employees and independent contractors. If
The Oregonian recently reported that a former manager at the Oregon-based company, Electro Scientific Industries (ESI) has filed suit against his former company in the U.S. District Court of Oregon. Lynn Matthew Sheehan alleges that ESI attempted to block him from working at another laser company, and that he is entitled to at least $100,000 in economic damages and $250,000 in punitive damages. This case is interesting because it brings
Class action lawsuits – in which a large group of people sue a defendant claiming that each has been injured in some similar way – are often used a convenient way of settling many similar claims in one action, rather than clogging up the legal system with multiple, duplicative suits. However, one of the major hurdles to bringing a class action, as the plaintiffs in a suit against a Comcast
Is your teen is looking for a part-time job? If so, what do you need to know about their future employer? Washington State requires employers of teenagers to satisfy certain requirements. It is important for you, the parent, to understand what an employer is required to do if they employ teenagers. Employer Requirements Any employer of teenagers has to be approved by the State of Washington. The employer must obtain
When you are feeling ill you can use sick leave to stay home and recuperate. If your child is sick and needs your care, you can use sick leave from work as well. But what if your accrued sick leave is not enough to care for yourself or a sick family member? You may be covered by the Family Medical Leave Act (FMLA). This covers employees from Naples, Florida to
So your teenager is bugging you to get a job at the local grocery or ice cream shop to make extra money. Video games don’t buy themselves. It is not as if children working is a foreign concept–children worked on family farms for centuries. Of course, more recently, the U.S. federal government decided that there should be limits on what work a child could do (including age requirements) and how
Human resources employees are often responsible for advising the company’s executives of discriminatory practices in the workplace. Under Washington state law, those HR employees who are fired for just doing their jobs may have more protection than under federal law. Steven Lodis, the highest ranking HR officer at Corbis Holdings, Inc., became aware of complaints regarding the CEO’s comments about older workers being “out of touch”, “grandmotherly,” and “old-timers.” Mr.
New mothers in Oregon are eligible for up to 12 weeks of job-protected leave after the birth of a child, under the federal Family and Medical Leave Act (FMLA), and, depending on the circumstances, an additional 12 weeks of leave under the Oregon Family Leave Act (OFLA). The Oregon Health Authority reports that approximately 58 percent of employed new mothers go back to work after only 12 weeks. However, many
The state of Oregon, and the city of Portland in particular, have been seen as one of the most pro-employee states in the country, with the second highest minimum wage and many liberal employee friendly laws. In 2013, Portland became one of only a handful of jurisdictions to approve an employment ordinance requiring employers to provide paid sick leave for employees. Seattle, D.C., San Francisco, and the state of Connecticut
A recent case from Eastern Washington grappled with this interesting issue: whether a person can establish a claim of hostile work environment when he is harassed based on the perception that he is something that he is in fact not. In the case of Davis v. Fred’s Appliance, Inc., Division III of the Washington Court of Appeals considered the case of a former deliveryman who had been fired by his
Perhaps. Buried deep, deep, and we mean deep in a lengthy decision resolving a procedurally convoluted case, the Court seemed to open the door a bit for plaintiffs seeking to prove claims of common-law wrongful discharge. As we’ve previously discussed, one way to succeed on such a claim is for the plaintiff to prove, among other things, that he was discharged for fulfilling an important public duty. Prior to the
In Oregon employment is generally “at will” meaning that either the employer or the employee can terminate the relationship for any reason so long as the reason is not unlawful. However, Oregon also recognizes a common-law wrongful discharge claim if an employee is fired for (1) fulfilling an important public or societal duty or (2) for exercising an employment-related right of important public interest. But in Lamson v. Crater Lake
In the employment law area a great deal can turn on whether an individual is legally considered an “employee” or an “independent contractor.” Generally speaking independent contractors have fewer rights and protections than do employees, which is why the question of what category a person falls into is so crucial. Now the funny thing about the law is that when a court issues an opinion a whole lot of things
Whether people realize it or not a great deal of law affects their employment. There are laws affecting employment made by Congress at the federal level (e.g. Fair Labor Standards Act). There are laws affecting employment made by the Washington legislature at the state level (e.g. Washington Minimum Wage Act). And perhaps less well known there are laws affecting employment made by local government bodies, like the Seattle City Council.
Oregon enacted its Military Family Leave Act (OMFLA) in June 2009. OMFLA requires employers with 25 or more employees to provide up to 14 days of family leave per deployment to employees whose spouses are in the military when certain conditions are met. First, a “period of military conflict” must presently exist. Second, the employee must be employed for an average of at least 20 hours per week. Third, the
A former employee from George Washington University filed a case in federal court on behalf of all employees who recently had their job titles reclassified. This means that the University recently admitted that their employees were covered but the Fair Labor Standards Act and that the employees were eligible for overtime pay. Because the jobs were reclassified, the workers are left with months of overtime payment that they have never
The term qui tam originates from a Latin phrase that is translated “he who sues on behalf of the king and for himself.” Qui tam claims were first used in the 13th century, and are used today by a person who files suit against another individual or corporation for defrauding the United States Government. The fraud is usually a violation of the False Claims Act, or other similar local and
President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause. Obama, choosing the Lilly Ledbetter Fair Pay Act as the first bill to sign as president, called it a “wonderful day” and declared that ending pay disparities between men and woman an issue not just for
In Duncan v. Alaska USA Federal Credit Union, Inc., Division I of the Washington Court of Appeals reversed the lower court’s granting of summary judgment and ruled that genuine issues of material fact existed regarding Duncan’s breach of contract and wage claim statute claims. Specifically, the Court held that Alaska’s employee handbook contained language that arguably limited Alaska’s ability to review and amend Duncan’s compensation plan to once a
With the Obama administration set to take office, the most significant change in employment law on the horizon is the Employee Free Choice Act (EFCA), a bill that passed in the House of Representatives in 2007 but was filibustered in the Senate. The EFCA would make it possible to unionize without an employee election. Incoming President Obama supports the EFCA, and the Republican minority is thought to be unlikely—or
In view of the rapidly deteriorating economy, a brief primer on unemployment benefits seems timely. Unemployment insurance provides partial wage replacement to unemployed workers while they look for new work. Unemployment insurance is administered by each of the fifty states, but is governed by federal guidelines. Generally, benefits are based on a percentage of an individual’s earnings over a recent 52-week period, up to a maximum amount. In most states,
In a recent Six Circuit case, the employer-appellant’s contention that the Family Medical Leave Act does not prohibit retaliation against an employee who takes FMLA leave was rejected by the court. Plaintiff-Appellee Martha Bryant prevailed in a jury trial on her claim that Defendant-Appellant Dollar General Corporation (“Dollar General”) fired her in retaliation for her exercise of leave guaranteed by the Family and Medical Leave Act (“FMLA”). Dollar General
The Washington Department of Labor and Industries has adopted new rules for employees who work outdoors. The rules take effect on July 5 and are designed to address health hazards created by working outdoors in hot weather. According to the Department, three workers have died in the past three years from working outdoors on hot days, and the Department has received some 582 workers’ compensation claims in the last 12 years
A recent published decision by the Washington Court of Appeals, Kitsap County v. Smith, raises interesting questions under the Washington Privacy Act: Can conversations with or among public employees be considered “private”? Under RCW 9.73.030, it is unlawful to record “private” conversations without obtaining consent of all persons engaged in the conversation. Anyone who violates this statute is subject to criminal prosecution for a gross misdemeanor and a civil action
Substitute House Bill 2602 became effective April 1, 2008. The new leave law in Washington State permits victims of domestic violence, sexual assault, or stalking to take reasonable leave, including intermittent leave, for counseling, medical care, and for legal and law enforcement matters. The employee is permitted to choose vacation, sick leave, personal time off, or leave without pay, at the option of the employee. In addition, a victim’s family
Effective June 12, 2008, military families in Washington will have new leave rights under legislation passed by the legislature and signed by Governor Gregoire. During periods of military conflict, employees can take up to up to 15 days of unpaid leave before their spouse is deployed or while their spouse is on leave from deployment. Senate Bill 6447 also raises the the number of days each year a state
A criminal case filed in King County Superior Court demonstrates the consequences faced by an employee who takes company documents without permission. Gerald Eastman, an 18-year employee and former quality assurance inspector for Boeing, is on trial facing 16 felony counts of “computer trespass.” According to published reports, in 2002, Eastman filed a 400-page complaint with the Federal Aviation Administration alleging quality assurance problems with Boeing aircraft. Starting in 2003,
Today the 9th Circuit Court of Appeals issued an opinion holding that a preemployment drug test on an Oregon public employee was unconstitutional. The plaintiff was offered a job in a city library conditioned on a drug test. She challenged the drug test on Fourth Amendment grounds. The 9th Circuit determined that the city failed to show any special needs for the test because there was no prior evidence of
In employment lawsuits, plaintiffs’ attorneys frequently request information about employees other than the plaintiff, including address and telephone numbers for current and former employees. When responding to such requests, employers are sometimes concerned that producing employee contact information will (a) lead to other potential plaintiffs who may want sue the company, or (b) violate employee privacy rights. As reported, one court recently rejected company objections on privacy grounds and ordered
This interesting case is in the federal district court in Massachusetts. The employee was discharged for smoking while off-duty under an employer policy prohibiting all smoking, even outside of the workplace. A copy of the opinion can be found here, and an article about the case is here. The ruling states merely that discovery should proceed on an ERISA Section 510 claim and a state privacy law claim before a
In a timely article for this Valentine’s Day, see this article from Nixon Peabody and this article from Human Resources Executive Online on romance in the workplace and so-called "love contracts."
Daniel Schwartz of the Connecticut Employment Law Blog today published a Blog post on Employment Practices Liability Insurance (EPLI) called Insurance for Employers (EPLI) – The Good, the Bad, the Unknown. The post can be read here. It builds on some points by Michael Moore, of the Pennsylvania Employment Law Blog (posted here), and identifies some of the issues employers should look at and what employers should know. I wonder
In a recent ruling, the NLRB tweaked its views on whether and how employers may restrict the use of workplace email systems.
On January 28, 2008, President Bush signed the National Defense Authorization Act of 2008. The Act includes significant revisions to the Family Medical Leave Act of 1993 (FMLA). FMLA coverage is expanded to employees who care for family members injured while on active military duty or for other exigent circumstances caused by active military service. Under the new law, up to twelve weeks of leave can be taken during any
The U.S. Department of Labor has issued its new proposed regulations for the Family and Medical Leave Act. They are published here. The DOL will accept comments until April 11 before issuing final regulations.
