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,… Read More
Posts Categorized In: Employment Policies
Are Public Employee Conversations Considered “Private”?
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… Read More
New Leave Law for Victims of Domestic Violence or Sexual Assault
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,… Read More
New Military Family Leave Act in Washington
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… Read More
Employee Who Took Company Documents Charged With Computer Trespass
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… Read More
9th Circuit: Public Employee Drug Test Was Unconstitutional
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… Read More
Employer Ordered To Produce Employee Contact Information in Overtime Lawsuit
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… Read More
Employee Fired for Smoking May Pursue Claims Under ERISA and State Privacy Laws
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… Read More
Romance in the Workplace & "Love Contracts"
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."
Things to Know About Employment Practices Liability Insurance
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… Read More