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… Read More
Posts Categorized In: Employment Policies
Seattle's New Sick and Safe Leave Ordinance – How Local Law Can Affect Employment
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… Read More
Oregon's Military Family Leave Act (OMFLA) – Still Not Interpreted by the Courts
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… Read More
Was Your Job Title Reclassified?
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… Read More
What is a Qui Tam Claim?
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… Read More
CONGRESS NULLIFIES SUPREME COURT RULING BY EXTENDING TIME TO SUE FOR EQUAL PAY
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”… Read More
Court Hears Breach of Contract Case
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… Read More
The Employee Free Choice Act
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. … Read More
A Primer on Unemployment Benefits
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… Read More
Retaliation is not OK under FMLA
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… Read More