Jury finds systemic wage violations for more than 33,000 hourly employees in Washington state based on unlawful timeclock rounding and second meal period violations. SEATTLE, WA — The judgment in Bennett, et. al v. Providence Health & Services, was entered in King County Superior Court today, the culmination of a
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
As mentioned in a previous post, with the schools out on summer vacation, many students are looking for summer jobs. At the same time, a number of employers looking to hire young people for positions because young workers tend to require less pay and there is no long-term commitment when
School is out and people are spending time this summer doing other things. For many students, this means looking for a summer job. It allows them to earn extra money while spending their time productively. A number of seasonal businesses, like ice cream stores that bulk up staff during the
Current labor laws, both from state and federal levels, were enacted to provide employees with rights while working for an employer. Specifically, labor laws clarify certain employer obligations to employees. These laws are codified under both state and federal codes and those laws are used to enforce rules and settle
The current happenings in the city of Seattle are a good example of joint employment circumstances. At the moment, there are 10 skyscrapers that are under construction, reflecting the surge of construction in the Seattle area over the past several years. This surge of construction brings legal questions regarding joint
You are expecting. You have a baby bump, made arrangements for a baby shower, are busy shopping for a crib, checking out the latest in strollers, and are just plain excited. However, despite the excitement, you may be concerned with your job status. How will your employer accept your time
You are having a baby. Congratulations! If you are a working mother and are expecting a child, you have rights with respect to your employer. The Evergreen State provides certain protections to expecting mothers regarding how long they can take time off from work, how they will return to their
Washington State, like most states, is an at-will state with respect to labor and employment issues. This means that an employer can terminate the contract of an employee “at-will” without recourse. An employer can terminate an employee for no good cause, provided that the termination was not based on discrimination.
A Washington State Business Employment Dynamics report, or BED, demonstrated continued growth in the labor market. In fact, the labor market has seen 29 consecutive quarters of a net increase in job growth. The strongest growth sectors within the local economy were in the following areas: Nursing; Software development and
The United States is a country of immigrants; it has been since its founding over 200 years ago. This concept led to the country adopting the descriptor of “melting pot,” as people from all over the world have come to the US and now live together. The same principle applies
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 current economic and political climate creates many challenges for Washington state-area farms. In many ways, these challenges are unprecedented. The economic climate of law unemployment means that Washington growers will likely have to pay higher wages or at least better conditions for workers, who are largely migrant workers who
In the Evergreen State, certain state employees have a right to request that a union represent them in collective bargaining. Washington has the Public Employment Relations Commission, or PERC, to manage labor issues with public employees. In its own words, PERC’s mission is “[t]o prevent or minimize the disruption to
Mount Rainier National Park is known around the world as a fascinating tourist attraction. It is the highest mountain in the state of Washington and is the highest point in the Cascade mountains. It is also situated close to Seattle, which provides tourists with a nearby base for visiting the
Case law placed an onus upon labor unions that is known as the Duty of Fair Representation. The Duty of Fair Representation originated in the 1944 United States Supreme Court case of Steele v. Louisville & Nashville Railroad, wherein a black employee sought to set aside a bargain-for-seniority system that
During the tumultuous decade of the 1960s, Congress passed landmark legislation known as the Civil Rights Act of 1964, or the Act. Specifically, Title VII of the Act prohibits workplace discrimination based on race, religion, color, sex, and national origin. (There is currently a push to include sexual orientation discrimination
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
Last month saw the end of an unusual labor strike in the apple orchards of Central Washington. 17 workers from Mexico decided to strike against their employer in the apple industry, leading to face-to-face negotiations and an eventual agreement, which brought the striking workers back to work. With negotiating help
A recent poll by PwC Consultants provides interesting data about those who shop on Black Friday. In 2015, the poll found that 59% of those responding stated that they would be going out to shop on Black Friday. In contrast, a poll this year finds that only 35% will be
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
Fans of professional sports teams have no doubt heard the phrase “collective bargaining” with respect to union contracts negotiated on behalf of the players. The purpose of collective bargaining is to come to a collective bargaining agreement, also known as a CBA. CBAs typically contain certain clauses, which have long
The Evergreen State has long been aggressive in pursuing a robust minimum wage. Whether the reason is fairness to workers, a living wage, or the idea of stimulating economic activity from the bottom, the legislature has continually pushed to provide a minimum wage that exceeds national standards. In November of
Many employers structure employment contracts with employees by first having a probationary period, which is often 90 days. The employer tells the prospective employee that the purpose is to determine whether the employee is a right fit for the company. That is to say, the employer explains that the probationary
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
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,
Over the last few days, there has been much discussion about NFL players kneeling during the singing of the National Anthem. The local papers provided pictures of Seattle Seahawks players taking a knee to protest social injustice, particularly regarding police relations with the African-American community. Prior to the Monday Night
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
Employment law, like other areas of law, evolves based on reaction to circumstances. Some of these reactionary measures are employer-focused while other measures are labor-focused. One such reactionary measure as part of the labor law rubric is the Labor Management Reporting and Disclosure Act of 1959, or the LMRDA. In
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
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
Let’s imagine that an employee makes a mistake. A few days later, the employee makes the same mistake again. The supervisor calls the employee into her office and warns her that making the same mistake constantly can cause serious problems for the company. The supervisor tells the employee to double
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
Whether you were laid off, fired, or quit, the reality is you are now jobless in Seattle. Odds are you were let go on a Friday, which means you have the weekend to grieve, celebrate, or both. Come Monday though you have to formulate a plan to find a new
More and more fathers are exercising their right to take advantage of the rights provided to them by the Family Medical Leave Act (and other similar state laws). These laws require employers who are subject to their requirements to hold jobs open while new parents care for and bond with
Morning Roundtable on Seattle Minimum Wage Increase With the national publicity the Seattle City Council’s June 2, 2014 vote to gradually increase the city’s minimum wage to $15 per hour has received, employees and employers alike have been left pondering how the increase will impact them. Accordingly, we will address
A recent Puget Sound Business Journal article details Amazon.com employees’ recent lawsuit over off-the-clock security checks. The employees have filed a federal lawsuit against Amazon for back pay for time spent each work day in security screening lines before breaks and at the end of their shifts. Because Amazon requires
Let’s begin by saying: hopefully a workplace search, where you feel like your privacy has been invaded, never happens to you. That being said, sometimes workplace searches and interrogations are necessary in order to ensure things like information breaches, illegal activities and issues with drugs and contraband are handled properly.
The Seattle P-I recently reported that a Bellevue teacher is demanding his job back after what he calls an illegal firing. Erik Schock, an 11-year employee at Chinook Middle School, was terminated earlier this year after he arrived to work drunk. Schock, a P.E. teacher is believed to have had
The Seattle City Council was set to vote on a bill that would strengthen the city’s whistleblower protections. Although the city encourages everyone to report incidents of misconduct, the protections are specifically for city employees reporting workplace misconduct. The bill was expected to pass and make significant changes. Whistleblower Protection
A recent Seattle PI article may make you think twice before you eat out. Or, it may make you happy to know employers take health and safety standards seriously. One of Pizza Hut’s West Virginia restaurants has temporarily closed after a district manager was caught urinating into a sink. The
Recently the Seattle Times reported on a settlement between the Equal Employment Opportunity Commission (EEOC) and Roy Farms. Roy Farms, one of the largest hop producers in the world, is located in Eastern Washington. The EEOC sued Roy Farms on behalf of four of Roy Farm’s male employees. In the
The Tri-City Herald recently reported on five “tycoons” who have taken an interest in the nation’s growing wage gap. While the five tycoons have different opinions on how the wage gap should be closed, they are all in agreement that something should be done. One of the five tycoons is
The Seattle PI reported recently on an industrious, if misguided, Iowa man who really wanted his candy bar. Robert McKevitt was working at a warehouse when he decided to take a break. He put a dollar in a vending machine for a candy bar. The vending machine was known to
Iowa, like Washington, has laws against employment discrimination based on sexual orientation. Because of these laws, Wayne Shimer, a former employee of Casey’s General Store, has employment protections and the ability to seek legal relief for his discriminatory firing. Shimer tells the Des Moines Register of the pattern of discrimination
Even though the economy is recovering slowly, Washington farmers have seen major growth and success. Unfortunately, this rapid growth and the improving economy have led to a shortage in local farm workers. According to a Tri-City Herald story, Tri-City farmers hired more cherry and apple pickers last season than they
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
A Tri-City Herald article looks at the recent announcement of City Manager Crutchfield’s retirement. After more than 30 years serving the City of Pasco, Gary Crutchfield will retire this summer. In 1978, Crutchfield took his first position with the City as the community development director. Six years later, Crutchfield became
As a New York Times article explains, President Obama announced in his State of Union Address his plans to help raise the minimum wage as much as he is able. The President will use an executive order to raise the minimum wage. An executive order is only effective for small
The New York Daily News recently reported on a potential settlement against Mario Batali and his business partner. Batali is likely to pay a significant portion of the $5.25 million settlement amount to 1,100 employees, from captains to bartenders to busboys, working in eight of his New York restaurants. Those
The job market continues to make its slow recovery, but finding employment even after college is still a challenge. Many college students hope having an internship on their resume will give them the extra edge they need to land a coveted job. According to a recent CNBC.com article, the benefits
According to a recent King5.com story, Washington’s unemployment rate is the lowest it has been in five years. While this is positive news, unemployment is still a concern for many in Washington. For those still job-seeking, the interview process can be long and stressful. And the process may become more
Recently the Seattle Times published a story focusing on the effects of the Affordable Care Act (ACA), or Obamacare, on employer provided health insurance benefits. The article addresses many employee concerns, such as reduced hours to avoid required employee coverage, increased premiums, and changes in benefits. It also discusses a
Flu season is in full swing and a recent Seattle Times story urges people to get flu shots and, if they have the flu, to stay home. Staying home allows for faster healing by making it easier to get rest, hydration, and medications, and helps prevent the spread of the
The Seattle Times recently reported on a 73-year-old Seattle man’s probation sentencing. Romulo Almeda Sr. was sentenced to probation for hiding and underpaying his live-in Filipina maid for four years. Probation seems rather lenient considering he underpaid her more than $90,000 over the four years she’s worked for him and
Karen Rispoli has her job as a Metro light-rail operator back after an arbitrator ruled in her favor. Rispoli was initially terminated from her light-rail position after failing to close the train doors and carrying passengers for two miles. King County Metro, according to a Seattle Times story, felt her
Just before the end of 2013, the Seattle Times reported that Costco reached a tentative settlement in a lawsuit with some of its female employees. The lawsuit originated with a single employee and later became a class action encompassing many female employees. After nearly a decade, the parties appear to
The National Labor Relations Board (NLRB) decided not to fight the U.S. Court of Appeals unfavorable ruling over its 2011 workplace poster requirement. In 2011, the NLRB began requiring private employers to post an 11×17 poster that explained the basics of employees’ rights under the National Labor Relations Act (NLRA).
Just days before Washington’s Governor Mike Inslee called for a minimum wage increase in his State of the State address, Seattle’s Mayor Ed Murray stated he was looking for non-ballot measure methods for raising the minimum wage for city employees to $15 an hour. These decisions come on the heels
A Wisconsin state senator is proposing legislation that will lift the state’s law prohibiting a seven-day workweek. Currently the law requires manufacturing and retail employers to give employees 24-hours rest for every seven-day period. Wisconsin is one of only a few states to have laws requiring rest periods for employees
Last week, three police officers in Everett, Washington, filed a lawsuit alleging racial discrimination in Everett’s police department. The three officers’ lawsuit against the police department was filed in federal court, and claims the officers were denied promotions, received harsher treatment than Caucasian officers, and dealt with a hostile work
Boeing is still working to establish its 777X production location, but has made significant step forward with the most recent labor vote. Near the end of last year, Washington’s machinists’ union voted against Boeing’s proposed contract. The union’s members were strongly opposed to the changes in their retirement benefit plans.
A man working at International Salt near Philadelphia was crushed to death under a 100-foot pile of rock salt. The man was apparently moving the salt at one of the company’s salt storage facilities in preparation for the most recent winter storm, the “Polar Vortex.” While moving the salt, a
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
A Hawaiian retailer will pay $60,000 for discriminating against one of its employees before and after she gave birth to her child. Step Three, Ltd., which does business as Sandal Tree, is a retailer of women’s sandals with stores across Hawaii. The company will be settling with one of its
Ruby Tuesday has decided against fighting its age discrimination suit in court and will take a settlement. The Equal Employment Opportunity Commission (EEOC) brought the age discrimination case against the restaurant after complaints arose around six of its chains. While Ruby Tuesday is not admitting guilt or that there actually
Minimum wage has been a hot button issue in 2013, with several states across the country raising their minimum wage amounts and Washington, D.C. lawmakers trying to do so on the federal level. Fast food workers in particular have been walking off the job, demanding a wage increase to $15.00
Recently in this blog, we discussed a local teacher demanding he get his job back despite the fact that he arrived to work drunk and proceeded to teach young children while he was intoxicated. His violation of the school’s drug free workplace policy seemed like a fairly straight forward, non-discriminatory
Boeing recently presented a new contract that would have Seattle aircraft manufacturer buildings its new 777X airplanes at union-represented Seattle plants. Despite having moved its headquarters to Chicago in 2001, Boeing has been an airline manufacturing mainstay in Seattle since the early 1900s. So the company felt fairly secure in
The Human Rights Campaign (HRC) released its 2013 Corporate Equality Index (CEI) recently. The CEI looks at the policies and programs companies have in place to protect and include LGBT employees. Eleven years ago there were almost no laws protecting LGBT employees from sexual orientation discrimination in the workplace. HRC
A few months ago, Seattle found itself in a bit of an uproar when an official raised the issue of using the term “brown bag” when advertising events. The official was greatly concerned about political correctness and fear that “brown bag” could be racially derogatory not simply referring to the
When people think about a better economic future, they generally think about more education or working their way to higher paying or better employment. There are anecdotes for both paths. On the one hand there are the well-educated people who get the better jobs or the well-trained people who can
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
Finding a job can be hard, particularly in this economy. Finding a job after spending years in the military can be even harder, especially if your training is in an area that does not transfer to civilian life easily or obviously. Laws can prohibit discrimination against returning veterans, but sometimes
After numerous fast food worker strikes, debates on the nation’s minimum wage, and stories about companies making as much in profits as their employees receive in government aid, it looks like SeaTac will be raising its minimum wage. Latest results show SeaTac voters narrowly passing Proposition 1 in this week’s
It is not often that a long and distinguished career and having the distinction of being the “longest serving” anything would be the basis of a discrimination and retaliation lawsuit, but it is. An agent at the Federal Bureau of Investigation’s Seattle field office is claiming gender discrimination and pay
Even with the economy making its slow recover, mass layoffs are still almost common place in our society. What protections do employees have when faced with a mass layoff or plant closure? Does an employer have to provide any benefits or assistance to the employee? Washington state employees have faced
A recent Wall Street Journal article about the rise in litigation over non-compete agreements, noted that over the last decade there has been nearly a 60% increase in lawsuits over the breach of these agreements. While an increase could be expected since non-compete clauses have become almost commonplace in employment
Negotiating or re-negotiating contracts is an important and potentially stressful situation nearly everyone faces at some point. Recent contract negotiations between the Seattle school district and the Seattle Education Association (SEA) ended in an agreement right before a deadline that would have led to a teachers’ strike. Both sides had
Many people across the nation may have more to be thankful for at Thanksgiving this year because these individuals may be one step closer to employment equality. Currently gay, lesbian, bisexual, and transsexual individuals can be fired in 29 states based solely on their sexual orientation. Furthermore, there are 33
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
On November 5, SeaTac residents will decide whether they will raise the nation’s highest minimum wage from $9.19 to $15 an hour. Proposition 1, if passed, would require business in the SeaTac area to pay employees more than double the national minimum wage. The dramatic increase in minimum wage is
In a moment somewhat reminiscent of the recent government shutdown and debt ceiling crisis, Washington supermarkets narrowly averted a strike with a last minute agreement. A Seattle Times article details the preparations customers, employers and employees made in light of the impending strike. Some customers stocked up early on essentials
A Seattle man fired because of his beard later won over $66,000 because of that very same beard. The Seattle P-I reported on Abdulkadir Omar, a Seattle Muslim man, who was hired as a security guard by a security firm, American Patriot Security, to guard a Kent FedEx building. He
The Puget Sound Business Journal reported on Tableau Software and Zulily’s recent announcements for their IPOs. But the story was not about the two companies’ future financial prospects or even the services they provide. The article focuses on a continuing trend in the tech industry. The trend is a stark
A judge has fined the University of Washington more than $720,000 for withholding information during a gender bias lawsuit. The lawsuit arose in 2009 when Isabelle Bichindaritz, a professor at the Tacoma branch campus, was denied tenure for the third time. She had been teaching at the University since 2002
A recent story from New York raises many employment issues that hit home in Washington. A Hamburg, New York Wal-Mart assistant manager posted an anti-Muslim comment and picture on his Facebook page that got him fired. The man claims that it started off as a joke and then it went
Imagine working 50, 60, 70 hours a week helping to construct a multimillion dollar, state-of-the-art public building one sheet of drywall at a time. Now imagine that you only receive six dollars an hour, are threatened by your employer, denied workers compensation for on the job injuries, and could be
A 53-year-old Seattle man has become one of the first to sue the state for compensation for his wrongful conviction, time served in prison, and his inability to secure long-term employment. The Seattle P-I reports that James Simmons, a former IT professional who was charged, convicted and served a year
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
A Hanford Nuclear Reservation whistleblower has lost his job. Walter Tamosaitis worked for URS Corporation for over 40 years before he was laid off a few weeks ago. In 2010, Tamosaitis raised safety concerns and was subsequently demoted from the project he was managing. Despite the demotion and even though
The Los Angeles Daily News reported recently that a pregnant bartender working at a Studio City pub, the King’s Head Pub II, was fired because she did not look a “California hooker.” A month before Amanda Lambert became pregnant she left her job as a bartender at another bar to
A medical physicist has filed a lawsuit against the hospital where he formerly worked, claiming that he was wrongfully terminated in retaliation for reporting safety concerns to federal authorities. According to an article from the Seattle P-I, former employee Lawrence Slate claimed that he faced retaliation after he reported concerns
An employee at a Starbucks in downtown Seattle was fired for taking a wrapped breakfast sandwich out of the trash can after a coworker had thrown it away, according to Q13FOX.com and The Stranger. The employee, Coulson Loptmann, who was unable to work enough hours to pay his bills and
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
United States Representative Derek Kilmer, from Gig Harbor, Washington, submitted a bill to congress that would provide anti-discrimination protections to military veterans. Tacoma-based The News Tribune reports that the protections would be similar to those provided to other protected classes such as race, religion, or gender. Senator Blumenthal from Connecticut
A High-Profile Topic Whistleblowing has been a hot topic in the news in the past year, since the Wikileaks case, and the conviction of Chelsea E. Manning. However, there are many more lower-profilewhistleblower retaliation cases that pop up in the news, highlighting the plight many employees face when they decide
A Seattle Times article describes a change in Trader Joe’s health insurance benefit policies. Trader Joe’s has decided to stop offering health insurance benefits to its part-time employees, those working less than 30 hours a week. Instead, Trader Joe’s will provide its part-time employees with $500 to help cover the
Washington law protects an employer’s confidential business information from being stolen or wrongfully disclosed. The Washington Uniform Trade Secrets Act prohibits the misappropriation of trade secrets and provides remedies to businesses whose trade secrets have been wrongfully acquired or disclosed. It is important for employers to understand the Trade Secrets
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
When a person gets his or her first job it can be an exciting time. A paycheck, a uniform, new duties and responsibilities can be rewarding and fulfilling. However, after the honeymoon period ends, and coworkers and supervisors get more comfortable working together, a terrible pattern can emerge. Many workers
Fast food work can often be a thankless job. It seems like everyone goes to fast food restaurants, but hardly anyone appreciates the hard work, long hours, and relatively low wages that fast food workers must put up with every day. In addition, fast food restaurants have often been under
An Employment Discrimination and Retaliation Case in Clallam County An employment law case out of Port Angeles made headlines earlier this summer in the Washington employment law community and in local news. According to the Peninsula Daily News, an employment discrimination charge filed with the Washington State Human Rights Commission
Brokerage firm Merrill Lynch has agreed to pay $160 million to settle claims of racial discrimination from 1,200 current and former brokers. Seattle-based KIRO 7 reports that if the trial judge approves the settlement, it will be one of the largest settlements reached in a workplace racial discrimination case. In
A federal jury awarded $620,000 to a white police sergeant in his race discrimination lawsuit against the St. Louis Police Department, the Police Board of Commissioners, and other city officials. According to an article from the St. Louis Post-Dispatch, Sergeant David Bonenberger applied for an assistant director position at the
A $2 million jury verdict in favor of Jeffrey Chen, the former chief of police in Medina, Washington, was reversed by a federal judge as unsupported by the evidence. Seattle Weekly News reports that the trial judge in the case determined that the jury reached its verdict because of passion
The roof of a woodworking warehouse in the Seattle suburb of Kent collapsed due to heavy rains in the area. According to an article from KHQ News, nobody was hurt by the roof collapse, which was due to drains in the corner of the warehouse being unable to deal with
Three former employees at Target have filed a workplace discrimination and retaliation lawsuit against the company, according to an article in the Seattle P-I. The lawsuit stems in part from a “Multi-Cultural Tips” memo that included many racial and national origin stereotypes about people of Hispanic descent. Target states that
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 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
This November, voters in the city of SeaTac could pass the SeaTac Good Jobs Initiative (“GJI”), which would establish the highest minimum wage in the country, according to an article from Seattle-based KOMO News Network. The SeaTac ballot initiative would establish a minimum wage of $15 per hour for certain
Seattle-based company Amazon is facing a lawsuit from a former employee who is fighting an employment agreement that gave the company ownership of his invention and included a noncompetition clause. According to GeekWire, Amazon recently gave the employee the rights to his patent, but it did not agree to stop
When an employee brings a discrimination lawsuit against his employer, the employee’s job description is one piece of evidence that Washington courts will consider. For that reason, well-written job descriptions can help employers defend themselves against discrimination claims. What Should a Job Description Contain? Employers should make sure that job
A recent University of Washington study shows that many Seattle employers do not comply with the city’s sick leave ordinance. According to the study, which surveyed over 1400 employers, 27.1% of employers do not offer their employees paid sick leave or any kind of paid time off. The study also
Craig Thomas, a former employee of Tacoma-based Sound Inpatient Physicians, Inc., will receive $2.7 million of a $14.5 million settlement in a whistleblower lawsuit under the federal False Claims Act (“FCA”). The Puget Sound Business Journal reports that Sound agreed to pay the sum to the United States government to
Five workers from a farm in Lind, Washington agreed to a $650,000 settlement with National Food Corporation for their sexual harassment and retaliation claims. An article in the Seattle Times reports that the workers were sexually harassed by their supervisor and then fired when they reported the harassment up the
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
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
An article from the Seattle P-I reports that the ACLU has filed a discrimination lawsuit on behalf of Bryan Baldizan and Lupe Gonzales, two Whole Foods employees suspended for complaining about the store’s English-only policy. We recently discussed that language gaps in the workplace might be a form of discrimination
Paying employees with payroll debit cards has become increasingly common in states like Washington that allow this method. However, while these cards can be convenient, they can carry burdensome fees for employees and potential legal pitfalls for employers. For example, Seattle-based KING 5 News reports that a McDonald’s employee has
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
Two University of Washington employees committed ethical violations by earning overtime pay for personal internet use. An article from Seattle-based KOMO News Network reports that the State Ethics Board found that the UW employees violated rules regarding personal use of state resources. Other state employees can learn from this story
Same-sex spouses in Washington gained many employment benefits and rights under federal law when the Supreme Court struck down the Defense of Marriage Act (“DOMA”) this June. As this US News article notes, because federal law now recognizes same-sex marriages, LGBT couples will now enjoy federal rights such as tax-free
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
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.
Most Washington residents understand that the law forbids workplace discrimination based on a range of categories: race, gender, sexual orientation, etc. But less understood are the more complex forms that such discrimination can take. It is virtually never the case that an employee will explicitly say “We are not hiring
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
Employment laws that protect the rights of LGBT employees have been a hot button topic for some time now. In addition to marriage equality, workplace protections seek to make discrimination against LGBT employees similar to other protections individuals receive. Did you know that more than two-thirds of small business owners
A high score is good and a low score is bad. That sums up the basic idea behind your three digit credit score. And unless you are applying for a house or a new credit card, your credit score number is your business. That may be your thought process, but
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
Washington workplace tests are not as uncommon as you may think. In addition to testing potential employees to test certain capabilities as a prerequisite for a job, Washington employers may also test existing employees to ensure that skills stay sharp or as a condition on a promotion. What most of
Do you have a criminal history you wish you never had? Depending on when and what you did, you may have to answer for those crimes on employment and housing applications for a long time. And that reality begs the question: can Washington employers use your criminal past against you
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
Some employees do not share the same language as their employer or fellow employees. Does this language barrier constitute a form of actionable employment discrimination in Washington? It could if it is properly argued as a type of illegal national origin discrimination. The Denver Post reports that a group of
Let’s face it—people are working longer. Rather than sailing off into the sunset, many Washington employees are either staying at their current place of employment for years longer than the previous generation or re-entering the workforce after time off. For many, the reason an older employee is punching a time
The beautiful city of Seattle was recently ranked the 6th best major city for finding a job. Seattle was the lone West Coast city on the list that looked at factors such as: diversity of industry, range in size of companies offering employment and cost of living. The Seattle Times
For many Washington employees, there are lots of places he or she would rather be than at work. Isn’t it funny how an 8-hour work day can feel more like 12-hour work day? Work is hard for everyone and other than downing copious amounts of caffeine in between shifts (which
A recent strike in Seattle by a group of fast food is going to make it very hard to get your food quickly. The Nation reports that fast food workers throughout Seattle went on a twenty-four hour strike earlier this week, marking the seventh fast food work stoppage in the
For many employees, their compensation is much more than the final total they see on their paycheck every two weeks. That is because many employers provide a range of other benefits which are critical, including vacation time, sick leave, retirement support, and health care insurance. It is important not to
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.
Both state and federal employment laws are in place to ensure workers are treated fairly. From ensuring proper wages, overtime, sick leave, and more, these laws guarantee workers a level of security in the face of unexpected life circumstances. As you might expect, legal disagreements over application of these rules
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
The pay gap between men and women is wider in Settle than any other major city, according to a recent report by the National Partnership for National Partnership for Women and Families and Families. More specifically, full-time employed Seattle women make a mere 73 cents for every dollar her male
Different is good, right? Well, sometimes. In a Washington employment law context, different is not usually a good thing. Different is an adjective most often used to show how certain employees are being treated differently because of something he or she cannot change about themselves. What the term differential treatment
Not hired for a position because of a disability? Fired from a job because of a disability? Passed up for a promotion or raise at work because of a disability? Those are just a few general examples of how Washington disability discrimination can manifest itself in the workplace. And unfortunately,
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
Did you know you have legal protections in place even before you interview for a job in Washington? Well you do and you should know them before your next job interview to ensure that your rights are not being violated. Oh, and might we add these rights exist whether or
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
Washington employers, do you know about Seattle’s sick and Seattle’s sick and safe time law yet? time law yet? To surmise, the Sick and Safe Leave ordinance (Seattle Municipal Code 14.16) requires businesses located within the city of Seattle to provide paid sick and safe leave to their employees (notice
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
You hear the term sexual harassment used all the time, but do you really know what it means? More specifically, do you know what constitutes sexual harassment in Washington? If you answered No to those questions, you are certainly not alone. Generally speaking, sexual harassment is any unwelcome physical or
Imagine if every day you went to work you felt like you were being treated unfairly because of something you couldn’t change about yourself. Or every time you did not get a job, you knew the reason was personal and out of your control. Workplace discrimination happens all the time
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
A lawsuit by the Equal Employment Opportunity Commission (EEOC) against Evans Fruit, one of the largest apple growers in the United States, was recently dismissed in the United States District Court for the Eastern District of Washington. This dismissal, in conjunction with the EEOC’s loss of a related trial, has
An airline pilot fails his company’s random drug test and admits to using marijuana. His airline fires him. That seems simple enough, doesn’t it? The struggle between a Seattle-area pilot and airline company has recently shown that employment law is not always quite as simple as you might think. A
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
Washington state has addressed bullying in schools. The law states that “‘harassment, intimidation, or bullying’ means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic”. Washington State Statute 2A.300.285 So once you are out of school you never
A Washington school superintendent is suing the school board in Richland for more than $1 million for an alleged act of discrimination. The Richland School Superintendent was fired because of an affair with another district employee, but has now turned the lawsuit into an issue of discrimination and declared that
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,
Three King County female detectives have agreed to a $1 million settlement in their sexual harassment lawsuit against the Sheriff’s Office. According to a recent Seattle Times article, the three detectives work in the Special Assault Unit, a unit where one would expect a certain level of sensitivity. However, among
In early December, the country’s largest rail carriers announced they would begin providing health benefits to their employees and their same-sex spouses starting January 1. This announcement was released even though the lawsuit, which was filed just one day earlier in Seattle’s District Court, is still ongoing. In the lawsuit,
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
Over five years ago San Francisco’s paid sick leave ordinance went into effect, which required employers to provide paid sick leave to all employees working within the city limits. Seattle recently followed San Francisco’s example and enacted its own paid sick leave ordinance. (In fact, Seattle’s ordinance went even further
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).
We all know it’s tough out there in the economy today. Just the other day we ran across a posting to a forum in which a very anxious fellow was asking how he could get money he’s owed from a former employer who’s now going through bankruptcy. Other forum members
If you have served a prison sentence for a felony, then you will probably have a difficult time securing a job in the future. Oftentimes employers will run background checks on employees. If they have the luxury to be picky, they will avoid people who have a criminal record in
A Seattle area contractor to Alaska Airlines recently settled a whistleblower case related to airline safety concerns for $30 thousand. American Power, based in Auburn, WA, settled with a former employee who was laid off after accusing the company of ignoring federal air safety standards. The plaintiff, Melodee Nixon,
A former prosecutor for Pierce County, Washington was awarded over $3 million last week, after a jury found that she had been wrongfully terminated in January 2004. The prosecutor, Barbara Corey, was a 20-year veteran of the prosecutor’s office. After she announced that she might run for county prosecutor,
Washington’s public lands commissioner, Doug Sutherland, is in political hot water after documents recently surfaced showing that he inappropriately touched a new female employee in his own department. Public records show that in January 2005, Sutherland touched the young woman’s back and made comments that she and at least one
The Washington State Department of Corrections has been sued by the U.S. Department of Labor for widespread violations of the Fair Labor Standards Act. According to published reports, the damages in the case will likely be millions of dollars. After a three-year investigation, the Department of Labor believes that the
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
An employment law issue generated controversy yesterday at a company’s annual shareholder meeting in Seattle. The company is Expeditors International, a Fortune 500 global logistics company based in Seattle. It trades in the NASDAQ 100 and generates $5 billion in annual revenue. A shareholder proposal requested adoption of a
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
There was an article about an interesting age discrimination case against the University of Washington. The case was filed by Warren Guntheroth, an 80 year old doctor at the UW Medical Center. In 2004, the UW paid $35 million for overbilling Medicare and Medicaid. At the time, Guntheroth blamed the
Trev Kiser was the women’s basketball coach at Clark College in Vancouver, Washington. Kisar complained to school officials about a pattern of inequality between the men’s and women’s basketball programs, such as in the quality of the officiating assigned to women’s games, the team budgets, and travel accommodations, and that
C.R. Wright of Fisher & Phillips LLP recently posted on Fair Labor Standards Act litigation in retail jobs. The article notes a huge increase in overtime cases under the Fair Labor Standards Act and state wage and hour laws. (Indeed, many such cases have been filed here in Washington) Mr. Wright
In November 2007, a jury in Seattle awarded $4.4 million to Melissa Sheffield in a discrimination lawsuit. Sheffield sued her former employer, Goodyear Tire & Rubber Co., for retaliation after she complained of sexual orientation harassment, and she also claimed that Goodyear failed to reasonably accommodate a disability. The
Yesterday, Division III of the Washington Court of Appeals issued an “unpublished” opinion addressing constructive discharge under Washington law. The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile to observe what is not a constructive discharge. The employee
In most states, including Washington, an employee who wins a lawsuit for unpaid wages is entitled to reasonable attorney’s fees. As most employers know, a getting sued for unpaid wages brings additional risks that the company must pay the unpaid wages plus substantial attorney fees, which fees could in many
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a Lowe’s store in Longview, Washington for sex discrimination and sexual harassment. There is an article about the case here. According to the media reports, two heterosexual employees allege that they were repeatedly called “gay” by store managers,
Here is an interesting article in today’s Chicago Tribune about the proliferation of non-compete agreements. I thought this was a good opportunity to say a few words here about non-compete agreements. As the article observes, more and more employers are using non-compete agreements for more and more employees, but the
A new published case from the Washington Court of Appeals addresses the proper remedy when an employer fails to pay under a settlement agreement. In this case, Rosen sued Ascentry for breach of contract and unpaid wages. Ascentry agreed to settle the case for $50,000. For some reason, Ascentry
Legislation has been introduced in 13 states, including Washington, to allow employee lawsuits against employers for bullying or offensive behavior even when the conduct is not illegal harassment under discrimination laws. For an interesting article on these bills see “No Putting Up With Putdowns”. No state has enacted one of
The plaintiffs in this wage and hour class action challenged a practice whereby overtime earned during one month would be paid at the end the following month. In this case, corrections officers in Thurston County would submit time sheets for overtime at the end of the month and the wages
The Washington Court of Appeals recently affirmed the dismissal of an interesting case involving allegations of sexual harassment, retaliation, and disability discrimination. Briefly, the plaintiff, Moon, was allegedly asked for sex and sexually assaulted by a supervisor at her home after a party with other coworkers. She complained about the
The Washington Supreme Court ruled on October 18, 2007, that time spent driving to and from work in a company vehicle should be considered as hours worked and included in calculations of overtime pay. The case, Stevens v. Brink’s Home Security, Inc., No. 79815-0 (Oct. 18, 2007), is an important
Superior Court Judge Sally F. Olsen dismissed a lawsuit filed in Kitsap County Superior Court alleging that an employee was wrongfully discharged for using marijuana. The employee alleged a claim for wrongful discharge in violation of public policy arguing she was using legally using medicinal marijuana under Washington law. The
