Summary of May 2025’s Labor Law Cases in Pennsylvania This roundup highlights two Virginia Court of Appeals decisions addressing critical labor and employment matters in May 2025. These include significant developments in workers’ compensation—offering insight into disability ratings and third‑party settlements. Allegheny County Prison Employees Independent Union v. PLRB — Commonwealth
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
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
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.
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
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
“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
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
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
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
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
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
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.
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
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.
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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.
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 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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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.
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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.
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
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
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.
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,
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
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
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
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
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
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.
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).
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
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
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
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,
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
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
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
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”)
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
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
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,
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
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,
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
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
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
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
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
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.
