Employment Blog

Providence Health & Services Ordered to Pay Over $229 Million in Landmark Wage Violation Verdict

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 two-week trial which took place late last month. Providence is ordered to pay more than 33,000 of its hourly employees

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Child Labor, Part Two

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 hiring what amount to seasonal workers. While it is generally encouraged to hire young people so that they can gain

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Child Labor

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 summer, are all potential landing spots for students. Many of these students are minors. Consequently, child labor laws kick in

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Labor Unions

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 disputes. These laws can be traced to the post-Civil War and Industrial Revolution eras wherein growing labor unrest led to

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Joint Employment in Seattle

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 employment and employee rights in those situations. Large Construction Project Suppose a large construction project is underway. The city awards

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Maternity Leave

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 off for maternity leave? How will your co-workers react to you missing substantial time in the office? Family Leave Act

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Maternity Leave Washington

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 jobs, and other rights. Washington State Family Leave Act Under the Washington State Family Leave Act, or the FLA, you

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At-Will Employment

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. To circumvent at-will employee status, there is a strategy that an employee can take, which is contracting as a “for

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Future Dynamics

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 applications; and Computer programming. These areas show a developing economy outside of the traditional agricultural and tourism economies. With this

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Migrant Workers

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 to the Evergreen State, especially with respect to farm workers. According to a 2015 Pew study, statistics show that more

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Accident Prevention Program

Construction accidents are considered a “no-win” for all parties involved. The injured person will have to deal with the pain and agony of an injury followed by a recovery period; the employer will have to deal with labor issues, workers’ compensation, and the like. To prophylactically avoid labor force injury, the Washington State Legislature requires employers involved in potentially hazardous occupations to draft an accident prevention program, or APP. In

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Haagen Dazs, Anyone?

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 head north during the busy season. At the same time, political winds send the message to immigrants that the status

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PERC

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 public services through the impartial, timely, and expert resolution of labor-management disputes.” Moreover, PERC stresses accountability. That is to say,

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Mount Rainier Seasonal Workers

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 park. It has incredible views and is an active stratovolcano, giving it an allure. It is also an active area

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Duty of Fair Representation  

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 discriminated based on race. The Supreme Court ruled that the Railway Labor Act implicity imposed a duty upon the union

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Citizenship Discrimination

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 as a Title VII violation.) While Title VII prohibits discrimination based on national origin, it does not prohibit discrimination based

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Labor Enforcement

The Washington Minimum Wage Act, or WMWA, regulates the terms and conditions of minimum wage and overtime pay to Washington state workers. It empowers the Washington Department of Labor and Industry, or WDLI, to enforce rules, recover pay owed by employers, and to make related rules and regulations. The WDLI also has investigatory power with respect to claims of wage violations and has the authority to gather data about wages,

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H2-A Program

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 from the Northwest Farmworker Union, or Familias Unidas por la Justia, the workers bargained for what they termed as primarily

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Unions

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 out shopping. These numbers represent an explosive increase in Black Friday online shopping. With the ever-growing global marketplace fueled by

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Good Faith

When a union that properly represents a unit of employees requests that that the employer bargain, then there is generally an obligation upon the employer to bargain. The National Labor Relations Board, per the National Labor Relations Act or NLRA, and the Washington Office of Financial Management require the parties to negotiate “in good faith.” This negotiating is a good faith attempt to reach an agreement regarding hours, wages, and

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Collective Bargaining Agreements

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 been recognized by courts as the proper and effective way to negotiate a contract between a union and an employer.

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Initiative 1433

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 2016, the voters displayed their eagerness for increasing the minimum wage when they passed Initiative 1433, or I-1433. In addition

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Probation and Unemployment Insurance

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 period provides both the parties with the knowledge as to whether the employee, who may have done well in the

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Public Sector Strikes

The right to strike has been a tool in a worker’s toolbox probably since the beginning of time. Historical records from the 20th Dynasty of Egypt, during the 12th century BC, show that workers refused to work by walking off their jobs because they had not been paid. Marxism, on the social level, came to the United States in the late 19th century, wherein workers banded together to unionize with

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Right-to-Work Laws

Unlike other states like Michigan, Washington is not a right-to-work state. This creates controversy over whether legislating a right-to-work statute would be a positive or negative development for workers whom would fall under such a law. Origins of the Right-to-Work Laws The right-to-work concept goes back to at least 1902, when there were questions as to whether union power was a positive or a negative. At the time, the labor

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Kneeling During the National Anthem

 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 Football game between the Dallas Cowboys and Arizona Cardinals, the entire Cowboy team, including owner Jerry Jones, kneeled during the

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The Railway Labor Act

The Seattle-Tacoma International Airport serves as a hub for airlines such as Alaska Airlines and Delta Airlines. Seattle serves as a gateway for those traveling from the United States to Alaska, especially during the summer months when there is a surge of tourists heading north. In 1926, Congress passed the Railway Labor Act, or the RLA, that was supported by both labor and management. At the time, the main mode

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Union Reporting

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 the 1950s, Congress scrutinized labor movements in general and unions in particular. At the time, the United States felt the

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Workplace Abuse

Boss: “Joe, get me some coffee.” Joe, the employee: “How would you like it?” Boss: “Regular, with cream and sugar.” Joe: “I am going now to get it for you.” Five minutes later, Joe returns with a cup of coffee. Boss: This coffee is terrible. It takes an idiot like you to mess up something like coffee. Not only do you not know how to make copies, you are clueless

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National Labor Relations Act

In 1935, Congress created the National Labor Relations Act, or NLRA, “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices, which can harm the general welfare of workers, businesses and the U.S. economy.” As noted, the NLRA rules apply to both the employer and the employee. The purpose of these rules are to create a fair workplace

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Washington is an At-Will Employment State

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 check her work before submitting it. A few weeks later, the employee makes the same mistake again. This compels the

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Labor Management Relations Act

The Great Depression hit the United States hard. During the 1920s, Americans saw significant prosperity. Construction was booming, people were buying automobiles, and life was moving forward. The 1929 stock market crash sent shock waves through the U.S. economy, eventually leading to bank failures and Hoovervilles. In response to the Depression, President Roosevelt launched the New Deal, which increased government projects across the country. Through government money, people went back

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20 Things To Do If You Lose Your Job In Seattle

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 job and make the most of your suddenly ample free time. Although HKM Employment Attorneys cannot give you legal advice

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Going Back to Work After the Baby: Tips for Surviving the Return from Paternity Leave

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 their newborn child.  Thankfully, more fathers are choosing to take weeks or even months off to bond with their child

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Morning Roundtable on Seattle Minimum Wage Increase

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 the pressing questions raised by this week’s announcement. Question: “What is the minimum wage in Seattle now?” Answer: Currently the

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Amazon Sued Over Unpaid Security Checks

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 the daily searches, employees believe they should be paid for the additional time they are required to be at the

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Washington Workplace Searches

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. Workplace searches can happen with great frequency or completely at random depending on the nature of your company and corporate

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Teacher Demands Job Back After Showing Up Drunk For Work

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 a blood alcohol level twice the legal limit when he arrived at the school and began teaching students. An assistant

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Seattle Council Votes To Strengthen Whistleblower Protections

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 Code: Before Seattle’s whistleblower code was last updated in 1994, even though Washington state and King County have updated their

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Manager Urinates In Sink, Unsurprisingly Is Fired

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 district manager was fired after Pizza Hut became aware of the surveillance video showing the manager relieving himself. Fortunately the

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Washington Hop Grower Settles Harassment Lawsuit

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 lawsuit the four male workers claim they suffered nearly two years of constant sexual harassment from a male supervisor. The

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Amazon’s Security Check Case Goes To The Supreme Court

A few years ago, contract workers at a Nevada Amazon warehouse filed a lawsuit in federal court against Amazon and their employer, Integrity Staffing Solutions, a contractor for Amazon. The lawsuit claimed the workers were entitled to unpaid wages for time spent waiting in line for security screenings before breaks and after shifts. Amazon requires these screenings for inventory control purposes. While the lines could be long during regular working

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