Employment Blog

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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EEOC Takes on Albertsons Pharmacy for Language Policy

The EEOC initiated a lawsuit against Albertsons Pharmacy for a policy that prohibits employees from speaking Spanish while on the job. The Albertsons in question is located in San Diego, but recently, other cases involving prohibitions on certain hairstyles have garnered national attention in the media. Recently, a judge ruled that while employers cannot discriminate against a person because of his or her race, they can discriminate against a person

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California Court Ruling Could Make Uber Drivers Employees

The so-called gig economy has made it much easier for employers to claim that their hired labor is made up of independent contractors as opposed to employees. The distinction is important because employees are entitled to a host of benefits to which independent contractors are not entitled. That includes the right to overtime pay, health insurance, workers’ compensation, and the right to sue under certain forms of discrimination. In other

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What is Behind all the Walmart Class Action Lawsuits?

Every employer has the potential to be sued by one or more employees; in a sense, it is often the price of doing business. When a company experiences multiple class action suits on a regular basis, however, is it a sign of a bigger problem? Suits Against Walmart A number of lawsuits have plagued Walmart over the years, spanning a variety of employee complaints. A handful of these suits include:

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Former Broker Alleging Gender Discrimination in Merrill Lynch Fallout

Betsy Whipple, a former Merrill Lynch stockbroker, levied a blistering complaint against the brokerage firm last month. Whipple, who originally worked for Morgan Stanley, boasted a book of business worth over $20 million. The complaint accuses Merrill Lynch of gender discrimination but lists a number of other complaints that range from theft of services to breach of contract. When Whipple began at Merrill Lynch, the firm miscoded her commission at

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Key Oregon Employment Law Abuses for Retirees and Those Made Redundant

Although an employer has some discretion to select certain employees for redundancy, they must exercise any employer action in such a way that does not break Oregon employment law. The state has laid out certain procedures that must be followed. However, there is also an expectation that the employer will handle this sensitive process in a fair and mature way. Failure to follow the rules can lead to a successful

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Danforth Center Terminates Researcher on Suspicion of Sexual Harassment

The Donald Danforth Plant Science Center recently dismissed one its researchers amid complaints of workplace sexual harassment. Since the #MeToo social media movement raised awareness around the perils of simply being a woman in the workplace, workplaces have been under scrutiny to address the problem of sexual harassment. Those that do not could find themselves on the wrong end of a lawsuit. Those that do can avoid one entirely. Danforth

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Hertz Agrees to Settle Denver Disability Discrimination Lawsuit

In what some are calling a victory for the working disabled, The Hertz Corporation has agreed to settle a disability discrimination lawsuit filed against its Denver, Colorado car sales division. The initial lawsuit drew attention to a continuing problem throughout the United States – the inability of those with physical disabilities to gain employment. Though Hertz originally believed that their employee and location did not do anything discriminatory, the company

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Missouri Supreme Court Set to Decide on LGBTQ Discrimination

Missouri is one of a number of states that does not include protections for the LGBTQ community in terms of civil rights issues such as workplace discrimination. That, however, could change as the Missouri Supreme Court will decide whether the Missouri Human Rights Act should extend beyond race, religion, nation of origin, sex, disability, and age. Legislative attempts to extend anti-discrimination protections to sexual orientation and gender identity have proven

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Facebook Facing Numerous Lawsuits over Privacy Concerns

It is pretty tough to find someone these days who does not have a Facebook account. So, when reports broke of data sharing without individuals’ knowledge, let alone permission, it opened up Facebook to a flurry of legal action. If you have serious concerns on this score, a local attorney can help. What is the Problem? While the investigation into the facts of the matter is still ongoing, the things

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Equal Pay for Equal Work Advocates Get Encouraging Decision

For the past 50 years, it has been illegal for employers to offer one salary to a woman and a different salary to a man, given all other aspects of a situation being equal. That is to say, it is illegal to discriminate against women by offering them a lower salary than their male counterparts. However, what happens when a company offers employees salaries based on their previous employment? That

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Rethinking the Gig Economy in California: The Dynamex Case

When delivery courier service Dynamex decided to convert its drivers in California to independent contractors, one employee chose to challenge the legality of this action. With a court ruling condemning the activities of Dynamex, the viability of businesses in a gig economy in the Golden State has come into question. Court Findings The Court’s decision was based on the premise that when businesses misclassify employees, it is a dangerous practice

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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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Oregon Laws Regarding Romance in the Workplace

At some point in your working career, you may have witnessed or even been part of a workplace romance. Surveys show that 80% of employees in Oregon have either experienced or observed romantic affairs at work. Problems With Workplace Romance in Oregon Romantic affairs in the workplace are more common than you might imagine in Oregon. Employers have genuine reasons for worrying about dating among employees. Some of the risks

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Hertz Forced to Pay $45,000 in Disability Discrimination Lawsuit

Norman Newton was actively recruited by Hertz for a sales position after they had spotted his resume online. Newton had over 10 years experience in car sales and Hertz appeared enthusiastic about scheduling him for an interview. When he got there, however, the manager who interviewed him expressed reservations about the fact that he required a cane to walk. Newton was passed up for the job and Hertz ended up

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Another Dreadlocks Discrimination Lawsuit Has Lawyers Trying a New Approach

A black woman who had a job offer rescinded because she refused to change her hairstyle is hoping to take her case to the Supreme Court. Chastity Jones of Alabama was offered a job as a customer service representative in 2010. An HR manager later told Jones that dreadlocks “tend to get messy” and that she would need to change her hairstyle in order to be considered for the job.

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Google Faces Class Action Lawsuit

When discrimination occurs in a systematic way and is directed toward a protected group within a company, it could result in a class action suit against that company. In the case of Google, female workers allege that the company has methodically discriminated against them, and they point to alleged pay disparities to make their point. Beyond the compensation issue, the women claim they were denied opportunities for growth within the

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Missouri Senate to Vote on Whistleblower Protections for Government Employees

One of the casualties of Missouri’s SB 43 were protections for whistleblowers from employer retaliation. A Missouri Senate vote could restore some of those protections – at least for government employees. Whistleblowers were believed to be collateral damage in a wide-reaching and controversial tort-reform measure that sought to limit damages in employment discrimination lawsuits, while simultaneously raising the standard of proof in these cases. The bill, which caused an uproar

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Colorado State University Retaliation Lawsuit Moves Forward

Over the last several months, the country has witnessed a change in the way people respond to sexual harassment and discrimination. The growing MeToo movement has encouraged victims of sexual assault and harassment to come forward while the Time’s Up movement draws attention to workplace harassment. Not only do these movements help increase public awareness, they also offer support to victims who are willing to confront the people or organizations

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Women’s Basketball Coach Reaches Settlement in Wrongful Termination Lawsuit

Employees can be fired, generally speaking, for any reason other than a handful of protections that are basic to civil rights or work against the public good. To that end, employees may not be fired on the basis of their skin color, religion, nation of origin, gender, or disability. In addition, employees cannot be fired for bringing to light crimes committed by their employer or making known any aspect of

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Are Insurance Salespersons Independent Contractors?

Misclassification lawsuits are among the most commonly litigated labor disputes. They involve the misclassification of individuals that more closely fit the definition of an employee than an independent contractor. While employees are entitled to certain benefits, including overtime, independent contractors have the freedom to set their own hours and take or leave jobs. Sometimes, however, employers willfully misclassify employees as independent contractors, while simultaneously expecting them to report to work

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Colorado Physician’s Case Leads to Non-Compete Law Review

The history of non-compete laws in Colorado is one filled with drama as employers and employees struggle to protect their financial interests. Employers in certain industries spend a large amount of money recruiting, training, and employing individuals with certain valuable skill sets. Once that person is no longer an employee, the last thing an employer wants is for a competitor to benefit from his or her investment. Non-compete laws provide

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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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Do Civil Rights Protections for Workers Extend to Schools as Well?

According to Title VII of the Civil Rights Act, an individual may not be discriminated against in the workplace based on race, sex, nation of origin, religion, or disability. For instance, if an individual was being harassed at work, being called racial slurs or sexually derogatory names and management allowed this to continue without addressing the problem, then that individual would have cause to sue under anti-discrimination laws citing a

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Workplace Harassment in Oregon: Lessons From Hollywood Scandals

The year 2017 will forever go down in history as the year that Hollywood came together and held the men in power accountable for failing to create safe, comfortable workspaces for everyone. Names like Harvey Weinstein, Louis C.K., Morgan Spurlock, and Kevin Spacey populated news headlines. A number of people came forward, making their voices heard and accusing them of sexual harassment, ultimately forcing them down from their thrones. Perhaps

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Missouri Department of Corrections Loses Yet Another Sexual Harassment Lawsuit

In what has become a troubling trend for Missouri Department of Corrections, another employee has won a sexual harassment lawsuit against the department. The state paid out another $600,000 to settle a lawsuit brought on by Michelle Findley, a prison guard, who said that male employees referred to her using sexually derogatory names. Findley, who wears her hair short, was also called a lesbian and shown pictures of a penis.

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Jefferson County Public Schools Forced to Pay Out on Another Lawsuit

In the aftermath of a trial that saw Karen Ray, a Jefferson County High School journalism teacher, awarded $225,000 in punitive damages for sexual and age discrimination, two new trials emerged targeting the very same school district. The original suit filed by Ray alleged that she had been bullied out of her job and endured threats from the administration. She said this resulted in a hostile work environment. Among the

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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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Man Alleges Missouri Company Revoked Employment Offer After Learning He Was Gay

Mark Horton was working as the vice president of sales and marketing at Celtic Healthcare in Illinois when a recruiter hired by a Missouri firm, Midwest Geriatric Management thought he would be a good fit for an opening they had. Horton applied for the position and was well liked. He was offered the job. After accepting the position, the owners of MGM were enthusiastic about him taking the job. They

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#MeToo Campaign Puts Workplace Sexual Misconduct in the Spotlight

It began amid the allegations made by high-profile actresses against Harvey Weinstein. They reported that Weinstein had used his position as a producer and the co-founder of Miramax to lure aspiring actresses into his hotel room with promises that if they performed sexual favors for him, it would help their careers. In addition, at least 13 individual women accused Weinstein of rape or sexual assault. What followed was the #MeToo

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California Takes on the Feds

David and Goliath? That is exactly the way some might view a battle with the federal government. Nonetheless, California is taking on the federal government in dozens of lawsuits based on court filings in 2017. Issues range from the environment to health care and on to immigration.  The key claims revolve around the disproportionate harm that will fall to California if federal regulations are enforced. Clean Air Concerns Because the

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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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Waitresses at IHOP Take Sexual Misconduct Case to Federal Court

11 women and one man are taking their case to Federal Court against the International House of Pancakes. The plaintiffs allege that managers at the IHOPs that they worked for in Glen Carbon and Alton, Illinois acted indifferently amid their numerous complaints of sexual harassment and misconduct against staff. The lawsuit comes at the same time that increased awareness concerning sexual harassment has made global headlines thanks to the #MeToo

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You can Not be Fired From a State Agency for a Medical Reason

When Jeff Schmeling’s TB test did not make it to his supervisor by the specified due date, he was fired. The California Department of Corrections thought the termination made perfect sense.  The Third District Court of Appeals disagreed. Schmeling’s Perspective Schmeling knew that employees at the prison were required to submit annual test results indicating that they were not infected with tuberculosis. He was tested and assumed the nurse would

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Former Employees Fight City Hall Over Failure to Investigate Sexual Harassment Claim

Reporting instances of inappropriate behavior to a supervisor, boss, or human resources administrator should not be a difficult process. Employees are entitled to a safe, comfortable workplace. More often than not, when sexual harassment lawsuits are brought to employment attorneys, it is because a company has failed the basic standard of protecting its employees in their workplace environment. It is even more disturbing when the workplace in question is administered

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Bizarre Business Model Results in Employment Crackdown in California

A janitorial company in Anaheim, California is the target of a lawsuit alleging payroll fraud. California Attorney General Xavier Becerra said the contractor One Source Facility Solutions, a subsidiary of a Pennsylvania-based company called USM, is an “unscrupulous company” whose business model is based on hiring subcontractors to serve their clients. Luckily for the more than 80 retailers that contracted with this company, it insulates them from being named in

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Workplace Breaks in Oregon: Know Your Rights

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 and rest breaks. Any violation of this rule can attract heavy penalties. For instance, the Bureau of Labor and Industries

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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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DACA and Employment Law in Oregon

The Deferred Action for Childhood Arrivals (DACA) is a program designed for immigrants’ protection. It came as an executive order in 2012. The program was meant to allow certain undocumented immigrant minors in the United States to apply for protection, including protection against deportation and authorization to work. The protections also include the right to attend schools in the United States. DACA beneficiaries may get an employment authorization document (EAD).

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Criminal History Checks for Employment in Oregon

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 that the information is related to the job to be performed. A printed assessment is issued to the applicant with

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Missouri Trucking Company Found to Have Violated Whistleblower Protections

In 2014, a Missouri trucking company unlawfully damaged a former employee’s reputation after he got medical attention for an injury sustained on the job. In 2008, the driver informed his employer that he had sustained a back injury. It was serious enough that he had to be prescribed pain medication that would prevent him from operating a motor vehicle. When he was ready to return to work, he found he

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Misclassification Identified as Serious Threat to American Workers

One major area of concern for modern workers is how the so-called “gig economy” impacts their classification as an employee. With more freelancers and contractors entering the marketplace, employees still have several benefits to which freelancers are not entitled. These include the right to file discrimination and wrongful termination lawsuits against their employers. Employees are also entitled to overtime pay and unemployment should they be let go. This has led

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