Over the last several years, the country has witnessed a change in the way people respond to sexual harassment and discrimination. The 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
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
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
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,
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
It is estimated that employers steal billions of dollars from their employees in unpaid wages every year in the US. While it certainly keeps the employment lawyers at HKM very busy with wage claims, it is unfortunate that American workers have to go through the legal system in order to
Tarshish Jones, a veteran Kansas City firefighter, won a $356,000 workplace discrimination settlement against the KC fire department in October of last year. The settlement came after Missouri legislators changed the law raising the standard of proof in discrimination cases. Beforehand, employees claiming workplace discrimination need only prove that discrimination
Over the past few years, movements such as Me Too and Time’s Up have led to a growing awareness of sexual harassment and gender discrimination in the work place. Women from all walks of life have come forward to share their stories and draw attention to the inequality women in
PBS NewsHour’s report exposing a hostile work environment and numerous instances of sexual harassment in the Colorado United States Forest Service has placed the agency under extreme scrutiny. Prior to the allegations, the Forest Service made numerous claims that outlined training to prevent sexual harassment in the form of assaults,
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
Missouri workers’ right to sue their companies for workplace discrimination has been the subject of widespread tort reform over the past couple of years. The controversial SB 43 included measures that: Shield perpetrators of sexual misconduct from being directly sued by their victims. Make it easier for employers to discriminate
Can a simple credit check provide a comprehensive understanding of a potential employee? Can such a check differentiate a bad employee from a good one? According to a good number of insights from ordinary employers, conducting a credit check is important in selecting the suitable candidate for a given job
A bill that would have forced Missouri’s workers to settle workplace discrimination lawsuits through private arbitration as opposed to the courts has died in committee. The bill would have strengthened the enforceability of employee contracts that require employees to settle workplace discrimination lawsuits via private arbitration as opposed to the
Since strengthening its policies against sexual harassment complaints in 2015, the Missouri legislature has faced twice as many allegations of sexual misconduct as it did in the two years prior. Whether this is a result of more misconduct being committed by legislators or it is the impact of having created
One of the unintended consequences of Senate Bill 43, that saw workplace protections rolled back and made workplace discrimination lawsuits more difficult to win, was St. Louis’s suspension from FHAP (Fair Housing Assistance Program). Last year, the US Department of Housing and Urban Development contacted Gov. Eric Greitens, who signed
The 11th US Circuit Court of Appeals ruled against the EEOC, which filed a lawsuit on behalf of Chastity Jones. Jones filed a discrimination lawsuit after having an offer of employment rescinded by Catastrophe Management Services located in Mobile, Alabama. They said her dreadlocks violated company policy on personal grooming.
Sexual discrimination in the workplace usually conjures images of sexual harassment or gender exclusion for promotions or executive positions. In one interesting case from California in 2005, female employees sued the Department of Corrections because they were passed up for promotions given to employees who were involved in consensual sexual
The state of Colorado is not unfamiliar with the impact a whistleblower can have on the future of a business, local government, or individuals employed by either type of organization. In 2016, Colorado-based company DaVita reached a multimillion-dollar settlement with the federal government after a whistleblower accused the company of
Kevin Anderson, a former employee of Mercy Villa and Mercy Hospital, has filed a lawsuit against the hospital alleging that he was fired for reporting instances of workplace harassment. The lawsuit alleges that Anderson endured a hostile work environment in which other employees called him racial slurs. Anderson claims that
Among the many obstacles that Missouri’s Senate Bill 43 placed in front of Missouri workers attempting to receive compensation for employer malfeasance, it also shielded those responsible for perpetrating sexual misconduct in the workplace from being directly held accountable. An employee can still sue his or her employer for fostering
In a case that pitted religious freedom against gender expression, the US Court of Appeals for the Sixth Circuit ruled in favor of a transgender funeral director who was fired from her job because of her gender expression. She disclosed her intent to transition to her bosses, who then fired
In 2017, American companies paid out a record amount in jury verdicts and settlements to American workers. Come 2018, one report says that labor lawyers raced to settle lawsuits before America’s 45th POTUS could enact legislation that would favor US companies over US employees in labor disputes. The government and
Worldwide, individuals with disabilities face social barriers and experience discrimination in situations across a broad spectrum of locations on a daily basis. These include opportunities to enjoy public buildings and community events, to participate in athletic events, and access to educational and employment opportunities, among others. In the United States,
While certain forms of discrimination may be frowned upon in the media, they are not necessarily overtly illegal. For instance, sexual orientation is not considered a protected class in Missouri. If an employer fires someone because he or she is gay, a lawyer would have to argue that this is
The 8th Circuit US Court of Appeals sent a strong message to employers in 2013. The Court decided to rule in favor of undocumented immigrants who had been employed by The Jerusalem Cafe in Westport. The Court determined that regardless of the legal status or citizenship of the employees who
One area of employment law that often gets overlooked is wage and hour litigation. This often involves the misclassification of employees as independent contractors or companies overtly expecting their employees to work overtime without compensating them correctly. Federal standards are set by US Department of Labor under the Fair Labor
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
In December of 2017, a Missouri Department of Corrections employee filed a sexual harassment lawsuit against the Missouri Department of Corrections. The suit alleges that male employees called her vulgar names, made inappropriate comments about her body, and asked for sex on numerous occasions. The plaintiff, Jennifer LeFleur alleges that
In the Summer of 2017, Sprint Corp. settled a lawsuit in which 153 of its employees claimed that Sprint required workers to under-report their hours while simultaneously demanding that they work beyond their regular schedule. In December, a second lawsuit was filed against Sprint that alleged the same by a
In December of 2017, the Supreme Court of Nevada ruled that employees were entitled to file private suits against employers for unrecovered wages or other wage violations. Beforehand, employees were forced to file claims with the Nevada Labor Commissioner. The law, in effect, did not state that employees were expressly
The concept of working to earn money to support one’s self and/or a family is as old as the United States itself. Over the years, numerous movements have led to the creation of fair living wages, safe work environments, and protection from discriminatory practices. While it is true that employers
In August of 2017, a female employee filed a lawsuit against the President of the St. Louis Regional Chamber alleging that she was passed up for promotion on multiple occasions due to gender discrimination. Karen Ellis served as the director of economic development at the Chamber. She is suing for
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
File this one under the “sad but true” category. In a series of lawsuits that were borne out of the Jay Nixon governorship, Missouri’s Department of Labor was sued by multiple employees alleging age, gender, and disability discrimination. Matthew Vacca v. Missouri Department of Labor In 2012, Matthew Vacca filed
Drug testing of employees is not specifically addressed in Oregon’s civil rights laws. This does not mean that the employers have carte blanche in conducting drug testing in all situations. It is legal for all employers to conduct drug tests, but it is mandatory for them to proceed with the
In June of last year, Missouri governor Eric Greitens made it more difficult for workers to prove discrimination cases. In a battle that had waged between the Missouri Supreme Court and legislators, plaintiffs had to show that discrimination was a contributing factor in a case of wrongful termination. Now plaintiffs
Women’s rights are consistently being threatened across the country, as vulnerable employees are forced to choose between keeping their jobs, or taking care of their pregnancies in a medically sound fashion. Women are speaking out more than even against the discriminatory actions of their employers, as evinced by the approximately
In late December of 2017, Richard Dixson successfully sued the Missouri Department of corrections for $1.5 million dollars in lost wages and punitive damages. Dixson alleged that ongoing racial harassment subjected him to a hostile work environment. Dixson was then working for the Kansas City Re-Entry Center, which is a
While many feel that sex work is by its very nature exploitative, the question of whether it qualifies as legally exploitative revolves around one central issue: Should strippers be classified as employees or independent contractors? On the surface, this question may seem trivial. The fact of the matter is that
Hostile work environment attorneys are those who specialize in discrimination and harassment cases. When an employee feels that the culture of the company he or she works for has produced an environment that is not only hostile to his or her career interests but hostile to the employee on a
The #metoo movement, the social media flashpoint regarding sexual harassment in employment, may be focused on Hollywood. However, the movement has inspired women and men from all occupations to come forward and share their stories. One such woman is, Eva Rieder, a high school teacher in California who recently spoke of
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
Experience is viewed as one of the key traits that every potential employee must have. However, there are times when too much experience is viewed not as an asset but as a hindrance when it comes to being hired. The chances of being contacted for an interview drop dramatically as
In recent events, Tesla Inc. has been hit with multiple discrimination and workplace harassment lawsuits stemming from conduct committed by supervisors toward black workers at its Fremont factory in California. Both Nevada and California have similarly strict laws on employer conduct in the workplace. The claim was filed by Marcus
Social media is here, and it is not going away. The average American spends a minimum of one hour of their workday answering personal calls, emails, and of course, social media. Millenials are quoted to be even more invested, spending an average of 1.8 hours a day on social media
In recent years the United States has focused on enforcing the Immigration and Nationality Act, preventing employers from discriminating against potential employees who are not United States citizens. As the debate around immigration continues, one Colorado-based company found itself in the unique position of being accused of discriminating against employees
Those who have suffered sexual harassment in the workplace are often so overwhelmed by the experience that they neglect to handle it correctly in terms of the law. In order to bring litigation against an employer for sexual harassment, an employee must be able to show that the employer was
While some support the gusto with which the Trump administration is targeting vast swaths of immigrants for deportation, California lawmakers have taken a stance in support of them. In addition to symbolic gestures, legal acts of some consequence are being undertaken. Worker Protection California’s Immigrant Protection Act (AB450) provides workers
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
Organized farm labor took on Gerawan Farming in a legal battle over labor contracts, and won. A huge fruit farm conglomerate that produces fruit across the United States, Gerawan fought for the right to create a labor contract that the farmworkers’ union opposed. Previous court rulings dating back to 2002
In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may
Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary
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
In January of 2014, the state of Colorado legalized recreational marijuana sales, approving over 100 seller license applications. By 2016, information obtained by the Colorado Department of Revenue revealed that the legal marijuana industry was bringing in over $1 billion annually. Numerous companies sought to profit from the growing industry
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
Fans of television shows like The Office may think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as
The Denver, Colorado bakery Masterpiece Cakeshop made headlines in July of 2012 after the store’s owner, Jack Phillips, refused to accommodate an order placed by a same sex couple. Phillips made his decision based on his belief that providing a cake for a same sex wedding reception would go against
You can not turn on the news these days without hearing about new claims of sexual harassment. Most of the time, these claims involve well-known Hollywood figures like Harvey Weinstein and Louis C.K., political power players like Al Franken and Roy Moore, and even newsmen like Charlie Rose and Matt
Most state governments plan to launch state-sponsored retirement saving programs. They are doing this in response to the retirement crisis. Currently, Oregon and Illinois are the leading states. They launched a retirement savings plan in July 2017 and June 2017, respectively. Therefore, employees in Oregon have a new and easy
Losing one’s job is never easy, but it is a fact of life in every economy—Nevada’s included. The unpredictability and consequence associated with job loss can be extremely detrimental to one’s welfare and future. In addition to pursuing a new line of work, one must of course deal with bills
Workplace discrimination is something that most adults are familiar with through direct experience or word of mouth. Unfortunately, the reality of multiple discrimination types affecting one person is not often discussed. Multiple discrimination in the workplace occurs when an employee is harassed or mistreated because he or she is a
If you have signed an agreement giving up the right to a jury trial in order to secure a contract, do you have grounds to change your mind? What if, once the work begins, you find the other party to be negligent or otherwise unsuitable as a contractual partner? You
Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed
Registered nurse and former clinical manager Joanne Cretney-Tsosie filed a lawsuit against Nevada-based Creekside Hospice several years ago in a bid to expose fraudulent practices pertaining to patient admission and eligibility, issues impacting the submission of reimbursement claims to Medicare. The case was settled this summer to the tune of
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
Billions of dollars is what experts project California will be on the hook for due to climate change in the coming century if companies responsible for contributing to it do not kick in their fair share. Projections for sea level changes could be disastrous for coastal properties and infrastructure in
After the number of reported gender and race related complaints fell to an all-time low in 2006, the claims of discrimination are increasing yet again. The serious problem of employment-related discrimination has recently touched the community of Highlands Ranch, Colorado after disturbing allegations were revealed in a lawsuit. The former
Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original
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
The recent revelations that rocked the entertainment industry have led to the exposure of a culture of harassment in workplaces throughout Colorado. When women around the world shared stories of harassment and sexual assault using the #MeToo, residents of Colorado learned of misconduct within the state government. After the initial
Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace
A&E Tire and Auto Repair found itself embroiled in a discrimination lawsuit after being accused of refusing to hire a transgender man. With five locations throughout Colorado, the automotive and tire company was previously known only for providing quality services for reasonable prices. Since the news of the United States
An abrupt policy change at LuLaRoe was one factor that led employees to file a class-action suit against their employer. In addition to shady business practices in general, the suit alleges that LuLaRoe is no more than a pyramid scheme. Details of the Case LuLaRoe is a direct sales clothing
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
Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination
Federal law remains unkind to those inclined to use marijuana for any reason, but many states, including Nevada, have taken a slightly different approach. That may create some confusion for employers and employees alike. If you work in Nevada and wish to use marijuana for medical purposes, are you allowed
In spite of multiple federal laws and discrimination acts created specifically to protect pregnant women, discrimination and wrongful termination associated with pregnancy are on the rise. A study conducted by Citizens Advice found that pregnancy and maternity workplace discrimination has risen by 25%. Other pregnancy discrimination advocates believe the percentage
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
Will Californians feel the impact of disruptions to the DACA program? Attorney General Xavier Becerra believes they will, and is leading California’s legal challenge against the Trump administration, arguing that the state’s economy will be severely impacted when the over 200,000 young DACA residents, or Dreamers, are left unprotected. The
The laws regarding sexual harassment have implications for many people who may not even be aware of their existence. For example, they can have serious consequences for the victim, perpetrator, and even the employer. Employers may be called upon to protect their workers. There are certain key issues of which
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
A new Nevada pregnancy law is about to make a significant impact on how employers do business internally. What, however, does that mean for employees themselves? If you are an employee who is pregnant or may become pregnant, there are a few things you should know about your new rights
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 state of Colorado has found itself in the middle of multiple immigration-related protests and lawsuits. Just one month ago Governor John Hickenlooper announced that Colorado would join 15 other states in the filing of a lawsuit challenging a federal government plan to end protections that prevent young immigrants from
Tech giant Oracle is facing legal action based on claims it has systematically paid women less than men for comparable jobs. The suit claims that the company knew, or should have known, that this discriminatory practice was rampant and that thousands of women have been unfairly under compensated over a
Does your employer require you to use your personal cell phone, tablet, laptop, or other device to do your job? BYOD—Bring Your Own Device—is the latest movement that has overtaken the workplace. It has benefits for both employees and employers, but some California employers have found that taking advantage of
In 1990 the Americans with Disabilities Act (ADA) was passed to protect individuals who are qualified for employment from being discriminated against based on a disability by current or prospective employers. Even though the act has been in place for almost three decades, disability discrimination is still an issue that
Northern Nevada Business Weekly recently reported that local employers must remain on alert for the extent to which wage-based regulations may be subject to federal revision and impact their management practices as a result. In particular, there may be a revision of current policy involving tip-pooling and businesses that would
There are certain professions in Oregon that are often the victims of unequal pay, low pay, and over work. The current provisions in the law are technically sufficient, but they may not be able to change the attitudes and practices of employers. Some employers are good at identifying any loopholes
For both large and small business owners, following employment law is a necessity if you want to stay in business and stay away from the steep fines you can face. This is easier said than done in certain areas where the laws are tighter and work more regulated. Oregon is
While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their
Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or
In January of 2017, the Denver Better Business Bureau issued a warning to CenturyLink, the third largest telecommunication company in the United States, regarding the company’s advertising claims and sales practices. The warning was issued after an investigation was initiated in September of 2016 in response to thousands of complaints
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,
Recent news pertaining to a former state senator has put the question of sexual harassment front and center in Nevada politics, serving as a valuable reminder for employers who must confront the issue, as well. Recent reports indicate that investigation of now-resigned Sen. Mark Manendo has cost the state between
If you are a California woman who has concerns about starting a family because of possible implications for your career, you are not alone. Women frequently fear that they will not be allowed to compete in the workplace due to pregnancy and the responsibilities of raising a family. The truth
Business owners who have spent years developing a competitive formula that makes their company highly competitive may worry about former employees starting their own businesses using stolen business methods. Having employees sign a non-compete agreement prior to working with a business is one way employers protect their secrets and reduce
Employees who are first terminated from their jobs may be in such a panic that they do not consider the important question as to whether that termination was actually lawful and legitimate. The termination is a formal process that brings about certain obligations on both the employer and employee. One
The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues
The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts
Tech giant Google recently made headlines after firing an employee who distributed a controversial memo regarding the company’s diversity-based programs and the extent to which it potentially created a sub-optimal corporate culture. Was the company’s decision just a matter of sour grapes? Not according to Google. Known for its seemingly
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
As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side
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
Do you question the scruples of your employer? Are you suspicious that certain policies and/or actions may break state or federal laws? Are shady practices cheating competitors or other organizations out of their fair profits? If so, are you considering blowing the whistle? Such action comes with certain dangers. Some
While your company is itself subject to legal protections, there is still no doubt that it must conscientiously navigate the rights of its employees and of those prospective hires that may soon be. So long as your business acknowledges those rights appropriately, it will have remained on the right side
The Family and Medical Leave Act (FMLA) is a program that allows employees an opportunity to take unpaid leave to care for family related responsibilities. Employees who utilize FMLA are able to balance their personal emergencies and employment knowing that their jobs are protected for qualifying absences. An employee must
As a condition of employment, were you asked to sign an arbitration agreement? If so, recent court cases related to California’s Private Attorneys General Act (PAGA) may be of interest to you. Consulting with a good employment attorney may be a worthwhile investment for you at this point. How Does
Oregon has been at the forefront of reforming the law that relates to the rights of workers as well as the ways in which they are compensated for their work. These laws have an impact on manufacturers as they are implemented. One of the areas that has been of key
Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone. Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving
New businesses often have an exceptional grasp of their industry and marketplace in general, but a new business owner should familiarize him or herself with pertinent laws, too. Companies opening up shop in Nevada are no exception. Unless you happen to be an already-large corporation with an in-house legal team,
Losing a job for reasons that contradict company policy while violating Federal law creates a scenario allowing the former employee to fight for reinstatement. Unfortunately, the personal, professional, and financial difficulties caused by a sudden termination sometimes lead to a situation where the affected party does not pursue a wrongful
In the past accusations of discrimination at the workplace only became public knowledge if a major news outlet decided to cover the story. The rise of social media has changed that by giving every individual an opportunity to share his or her experience with millions of people worldwide. When former
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
The number of adults in the United States with an active social media presence has grown steadily over the last few years. In 2008, approximately 24% of the population used social media while today at least 81% of the population utilizes social media. As the number of people who use
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
Current Oregon employment laws ensure that people are paid for the hours that they have worked. These provisions are in line with the Washington Minimum Wage Act, or MWA, which sets out the key forms and procedures required in order for employers to remain compliant with the law. Furthermore, the
Oregon joins Seattle, San Francisco, California, Emeryville, and New York City in developing a predictive scheduling law as an addition to its minimum wage rules. The provisions of instrument number S.B. 828 will start to take full effect on the 1st of July, 2018. The provisions are meant to regulate
Are 14-and 15-year olds legally allowed to work in California? The short answer is yes. However, there are strict federal regulations governing their hours and the types of jobs they are allowed to do. If you are a parent of a teen who wishes to make a few buck of
Beginning in 2018, Nevada employees subject to domestic violence, whether experienced personally or amid household, will be entitled to accommodation from their employers. Specifically, Senate Bill 361 requires that those impacted by domestic violence be afforded leave on account of those circumstances. It also prohibits any kind of discrimination against
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
Are workers required to have periodic breaks during the workday? Ask Elon Musk, CEO of SpaceX in Hawthorne, California. When workers were denied breaks every four hours, as required by California law, and also were not compensated for working during those required breaks, they went to the courts for a
Hostility in the workplace is often overlooked and underreported because employees do not always recognize that they are working in a hostile environment. The legal criteria that needs to be met in order to classify a workplace as hostile is not widely known, discouraging the average person from reporting possible
Sexual harassment can make a workplace more than a little uncomfortable, whether the offending behaviors are directed at you, personally, or at another individual or group. If you feel the environment at your place of work is unhealthy due to sexually offensive comments, jokes, emails, or gestures, or if you
Let’s say you are aware of a workplace hazard that causes you serious concern. You have mentioned it to your boss, but nothing happens to alleviate the problem. What choice do you have now but to go outside the company to report it to the Occupational Safety and Health Administration
The state of Colorado has provided anti-discrimination protection to those seeking employment since the 1964 Federal Civil Rights Act was implemented. However, pregnant women were not included in the protections that Colorado state law established. In June of 2016, the Governor of Colorado signed a new law that became effective
Unions are something that most Americans have heard about. In the past, the media covered unions like the Major League Baseball Players Union. During the Great Recession and the auto bankruptcies, there was much coverage of the Auto Workers Union. The airlines consistently negotiate with unions representing pilots and mechanics.
It just became a bit easier to be a pregnant woman in Nevada, a sign of times that increasingly require recognition of gender-based entitlement in the workplace. As employers fully embrace the 21st Century, their responsibilities are now a bit more commensurate with the needs of workers whose obligations do
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
What seemed like a good idea at 25 wouldn’t always be your first choice at 50. That goes for nights out, tattoos, and sometimes even careers. It isn’t uncommon for people over 50 to feel stuck in a job they just aren’t passionate about. Many post-Depression Era baby boomers picked a
Happiness at work: everyone wants it. But can everyone get it? Believe it or not, the answer is “yes.” Even if you’re not working your dream job, there are some things you can do to be happy wherever you are. Just remember the two R’s:relationships and results. Relationships
When Colorado decriminalized the use of marijuana on January 1, 2014, many employees thought it would be safe to engage in their pastime on lunch breaks and outside work without fear of repercussions from their employer. After all, the citizens of that state scored an apparent victory by “legalizing” the
You searched Craigslist for months and finally landed that new job. The terms seem acceptable, as they’ve offered to pay you a salary and give you something to do besides play video games and watch re-runs of SportsCenter for several hours a day. You may have even gotten a paycheck
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
As the World Cup approaches, soccer fans across the U.S. will probably be found sitting at their desks at work, computer screens blocked from view while streaming games and attempting to stifle excited outbursts. But a small, Brazil-based craft beer company recently launched a campaign to ensure that “football” fans
The early bird gets the worm. And possibly the promotion. A new study suggests that employees who start their day earlier when given start-time flexibility are given higher performance ratings. Flexible work schedules are rising in popularity. Companies like Google allow employees to set their own hours or work from
“Hindenburg,” “powder keg,” “Titanic,” and “apocalyptic.” These words probably aren’t banned in your office, but General Motors instructed employees to avoid using these and other words and phrases—68 total—in internal communications about safety issues. Words like “deathtrap,” “widowmaker,” and “rolling sarcophagus,” are out, as are phrases such as “This is
Sharing an office is a bit like having roommates. You share a kitchen, bathrooms, break rooms, and sometimes a cubicle for most of your waking hours. It’s not surprising, then, that your co-workers can grate a nerve like no other. Keyboard pounding, personal phone calls, and smelly lunches can have
Anheuser-Busch products are a staple at American gatherings. Football games, barbeques, and fraternity socials aren’t complete without a cold one from America’s largest brewing company. But a former female executive at the company claims that she wasn’t invited to the party. Francine Katz spent 20 years an Anheuser-Busch employee, beginning
Mike Rowe, the host of the Discovery Channel’s Dirty Jobs, knows a thing or two about work, and recently he was willing to share some pearls of wisdom with a fan on the job hunt. Parker Hall, who describes himself as “go-getter,” has been searching for the “right career” for
While some states, including Oregon, have chosen to prohibit employment discrimination on the basis of sexual orientation or gender identity, federal law currently does not. Recent legal developments seem to signal that a fundamental change may be on the horizon, and LGBT rights activists have had several recent successes. For
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
When the federal government shut down for sixteen days in October, it left approximately 400,000 employments across the United States effectively jobless. A small percentage of these employees applied for unemployment benefits during that time, and some of them were approved and actually received benefits. However, now that Congress approved
From coast to coast, cubicle to cubicle, workplace jargon is collectively despised. Words like value add, impactful, and brainstorm usually induce more cringes than work product. That’s why crossing certain words off your workplace vocab list could help you cross things off your to-do list. The Problem With Jargon Workplace
Crystal Moore was Latta, North Carolina’s first female Chief of Police in Latta, South Carolina. She was also the town’s first openly gay police chief. And since she was suddenly fired last week, the town’s residents questioned whether her sexuality cost her the job. Moore served the town of Latta
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 Virginia Beach police officer filed a complaint in federal court against her supervisors and the Virginia Beach Police Department for gender discrimination and retaliation. Nicole Kosman has been an officer of the Virginia Beach Police Department for ten years. In 2009, she became the first woman accepted into the
A Georgia school bus driver claims he was fired for speaking on behalf of hungry school children. The Times-Georgian reports on the bus driver, Johnny Cook, who worked for the Haralson County School System, when he complained about the school system’s school lunch policy on his personal Facebook page. Cook
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
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
When most people think of a lawsuit, they think of the dramatic trials that they see on television and in movies. In reality, however, the majority of cases never go to trial. Instead, the two parties can negotiate outside the courtroom and come to a settlement agreement. Trials can be
Ali Aboubaker moved to the United States from Tunisia almost 25 years ago and began working for Washtenaw County in Michigan in 1991. Aboubaker started as a bus driver and later moved up to maintenance technician. However, over the years, Aboubaker applied for numerous promotions for which he believed he
Yet again, multi-billion dollar retail giant Walmart recently found itself making employment news headlines. Earlier this year, one of Walmart’s largest distributors, Schneider Logistics, settled a labor dispute case with hundreds of workers for millions of dollars. Though Schneider Logistics agreed to pay the workers, the company refused to admit
A long-lasting employment harassment case has finally come to a close for one Louisiana man. Kerry Woods filed a harassment complaint against his former employer, Boh Bros. Construction Co., with the Equal Employment Opportunity Commission (EEOC) nearly six years ago. According to his complaint, Woods was subjected to repeated unlawful
The Fair Labor Standards Act (FLSA) regulates hours and wages for American workers on the federal level. FLSA requires that all employers must pay employees at least the federal (or state if it is higher) minimum wage for all hours worked. Additionally, if an employee works over 40 hours in
Title I of the Americans with Disabilities Act (ADA) aims to allow people with disabilities to have equal opportunities to join the workforce. First, the law prohibits discrimination, harassment, or retaliation against applicants or employees with real or perceived disabilities. Additionally,the law requires employers to make reasonable accommodations for employees
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
A for-profit business school is under investigation for federal financial aid fraud after a former employee blew the whistle. The New York Times reports on Kelli Amaya, a former administrator for Harris School of Business from 2009 to 2011. Amaya is one of seven former employees who are suing the
The Equal Employment Opportunity Commission (EEOC) is suing a Houston restaurant for disability discrimination, sexual harassment, and retaliation. In many cases of disability discrimination, an employer fails to consider a disabled applicant or fails to provide reasonable accommodations so that the qualified applicant can perform required duties. In this case,
Volkswagen auto workers in Tennessee became the center of attention last week when they prepared to vote on unionization of their factory. Unionization is usually a major deal for the workers and the employers, but it does not always receive much media coverage, particularly when the employer is not opposed
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
A Taco Bell manager made the news recently for allegedly telling his employees to lock a sleeping homeless man in the restaurant’s dumpster. According to the article, a customer, Jacob Cook, at the Redding, California Taco Bell, overheard employees tell their manager about a homeless man sleeping in the dumpster.
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 Catholic school in Montana recently fired one of its teachers because she was pregnant. She was not actually fired just for being pregnant; she was fired for being pregnant and unmarried. Shaela Evenson taught at the school for almost ten years before an anonymous letter was sent to the
Since 2008, the Oregon Equality Act has protected employees in the state from discrimination based on their sexual orientation or gender identity. The law defines gender identity as the gender that a person believes they should be, not their biological gender. Gender identity protections apply also to transgender individuals or
The Fair Labor Standards Act of 1938 (FLSA) originally set out standards for child labor in the United States. Violations of FLSA are investigated by the United States Department of Labor (DOL) and may be very costly for employers. A gentleman’s club in Miami, Club Madonna, is currently under investigation
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
In a recent New York Times article, a Domino’s franchise settled its lawsuit with its bicycle delivery employees for $1.28 million. The settlement will split the money among 61 delivery employees, based on time they were employed at any one of the franchise’s four locations. However, whether the employees will
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
A New York McDonald’s employee recently made headlines when she was fired after she generously picked up the tab for a group of working firefighters. Heather Levia is a 23 year-old mother who had worked at the restaurant chain for 8 years. During a recent shift, a group of firefighters
Many Americans believe that their right to free speech under the First Amendment of the United States protects their right to say whatever they want on social media. Furthermore, many people believe that their personal social media accounts should be their own business, and should not affect their professional lives.
Oregon employers are required to keep certain records on hand for each employee, compiled in a personnel file. These records are highly important in case an employee believes he or she has suffered discrimination, wage and hour violations, any form of retaliation, or wrongful termination. While employees should know their
