Employment Blog

Amazon Will Hire 70,000 for the Holiday Season

The holiday season is fast approaching. Many companies are preparing for increased demands from holiday shoppers and many people are beginning to look for holiday employment, both full-time and part-time, The Puget Sound Business Journal reported that Amazon plans to hire 70,000 full-time holiday employees. This is a significant increase in seasonal workers over last year’s numbers. More importantly, the article mentions that many of those seasonal employees could become

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EEOC Files Two Disability Discrimination Lawsuits

The Equal Employment Opportunity Commission (EEOC) recently filed lawsuits against two major corporations, claiming unlawful employment discrimination against individuals with disabilities. Both Kaiser Permanente, the nation’s largest managed healthcare consortium, and retail giant Kmart face allegations of failing to make reasonable accommodations for a current employee and prospective employee, respectively, with a disability. If found, these actions would violate the Americans with Disabilities Act (ADA), a federal law protecting American

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Whistleblower Hospital Employee Sues for Retaliatory Firing

A medical physicist has filed a lawsuit against the hospital where he formerly worked, claiming that he was wrongfully terminated in retaliation for reporting safety concerns to federal authorities. According to an article from the Seattle P-I, former employee Lawrence Slate claimed that he faced retaliation after he reported concerns to the federal government about the Bozeman Deaconess Hospital’s storage of nuclear waste and use of radiation treatment on patients.

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Seattle Starbucks Employee Loses Job Over Discarded Sandwich

An employee at a Starbucks in downtown Seattle was fired for taking a wrapped breakfast sandwich out of the trash can after a coworker had thrown it away, according to Q13FOX.com and The Stranger. The employee, Coulson Loptmann, who was unable to work enough hours to pay his bills and survived partly on food stamps, said that he thought that it would not be a problem if he took a

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"Pay-At-Risk" Compensation Plans Lead to Inconsistent Paychecks for Employees

Many large companies have their employees participate in a “pay-at-risk” compensation plan, which links a portion of employees’ incomes to the company’s performance. While this program means large paychecks for employees when the company is prospering, it also means that employees pay the price when the company is doing poorly. For example, CNBC reports that Caterpillar, which manufactures construction and mining equipment, expects as much as a forty percent reduction

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SeaTac Minimum Wage Initiative Clears Legal Hurdles, Will Likely Appear on Ballot

The minimum wage is a hot topic these days, especially in light of all of the fast food workers’ strikes that are occurring across the nation. As we recently discussed, voters in the city of SeaTac can vote in November to increase the minimum wage of workers in and around the Seattle-Tacoma International Airport. However, the ballot initiative faced legal challenges from employers, such as Alaska Airlines and the Washington

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Back to the Basics: Understanding ERISA

Retirement is something every employee looks forward to, particularly if the employee knows money has been set aside for retirement. Not having money set aside can be stressful for those close to retirement age. However, discovering that the money set aside and promised for retirement is no longer available or is significantly less than expected could possibly be even worse. Recently, retired city employees in Detroit appeared before a bankruptcy

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E-Verify Discrimination

Immigration reform has been and continues to be a complex and controversial political issue. One major point of contention has been undocumented workers. In 1997, the United States government started the E-Verify program in an effort to prevent and reduce undocumented workers’ ability to find employment. It is an online program that matches information provided on I-9 forms with the government’s employment eligibility records. If there is a mismatch between

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Federal Minimum Wage Protections Extended to Home Care Workers

With an aging population, the home care industry is rapidly growing in the United States, yet many of its employees’ wages are not currently protected under federal law. More specifically, home care employers are not required to pay home care workers minimum wage or overtime. The Fair Labor Standards Act (FLSA) established federally mandated minimum wage and overtime laws in 1974, but under those laws home care workers were exempt.

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Employee’s Race Discrimination Claims Against Paula Deen Dismissed

A federal judge dismissed a former employee’s race discrimination claims against Paula Deen. The judge ruled that the employee, who is white, does not have the right to bring a claim based on workplace discrimination against African-American workers. However, the judge did not dismiss the employee’s sexual harassment claims against Deen’s brother, Bubba Hiers. This case is an interesting example of potential limits on employment discrimination claims based on race.

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Washington Congressman’s Bill Would Prohibit Discrimination Against Military Veterans

United States Representative Derek Kilmer, from Gig Harbor, Washington, submitted a bill to congress that would provide anti-discrimination protections to military veterans. Tacoma-based The News Tribune reports that the protections would be similar to those provided to other protected classes such as race, religion, or gender. Senator Blumenthal from Connecticut proposed the same legislation in the U.S. Senate. If passed, this bill would allow military veterans to bring a discrimination

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Whistleblowing Retaliation Claim Reversed by Court

A High-Profile Topic Whistleblowing has been a hot topic in the news in the past year, since the Wikileaks case, and the conviction of Chelsea E. Manning. However, there are many more lower-profilewhistleblower retaliation cases that pop up in the news, highlighting the plight many employees face when they decide to come forward with information regarding their employer, and find themselves in a difficult workplace situation. Many employees must ultimately

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Trader Joe’s Part-Time Employees to Join Public Insurance Marketplace

A Seattle Times article describes a change in Trader Joe’s health insurance benefit policies. Trader Joe’s has decided to stop offering health insurance benefits to its part-time employees, those working less than 30 hours a week. Instead, Trader Joe’s will provide its part-time employees with $500 to help cover the employee’s costs for an insurance plan found in the new insurance marketplace. Trader Joe’s argues that by not offering part-time

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Washington Law Protects Employers’ Trade Secrets

Washington law protects an employer’s confidential business information from being stolen or wrongfully disclosed. The Washington Uniform Trade Secrets Act prohibits the misappropriation of trade secrets and provides remedies to businesses whose trade secrets have been wrongfully acquired or disclosed. It is important for employers to understand the Trade Secrets Act in order to protect valuable business information and, if necessary, bring an employment lawsuit to enforce trade secret laws.

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Washington Court Reverses Firefighter’s Favorable Jury Verdict

A federal judge in the Eastern District of Washington reversed a jury verdict and award in favor of a group of firefighters who had sued the city of Pullman, Washington for employment discrimination. In his opinion, the district judge reversed the jury’s decision that the firefighters had faced retaliation for defending a fire captain who had been accused of sexual harassment. This case illustrates how important it is to satisfy

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Kitsap County Women Receive Jury Award in Sexual Harassment Suit against Employer

When a person gets his or her first job it can be an exciting time. A paycheck, a uniform, new duties and responsibilities can be rewarding and fulfilling. However, after the honeymoon period ends, and coworkers and supervisors get more comfortable working together, a terrible pattern can emerge. Many workers can become exploited when asked for sexual favors by a supervisor, and can become trapped when they don’t know their

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EEOC Uses Wage and Hour Laws to Combat Human Trafficking

Human trafficking is a term for a person or group holding another person for compelled service. Related common terms include involuntary servitude and forced labor. Human trafficking is a serious problem in almost every country in the world and the United States is no exception. The Trafficking in Persons Report of 2011 published by the Department of State indicates that the U.S. is a source, transit, and destination country for

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Unpaid Interns in Vulnerable Position Due to Lack of Protections Under Employment Laws

Most undergrads and graduate students face an uphill battle, even after graduation. With the job market less than welcoming, and a constant barrage of mentors and advisors preaching morosely on the employment climate, grads often feel that they must sacrifice pay, or their dreams, in their first jobs. An internship always seems like a safe bet straight out of school. Offering a chance to learn, more mentorship, and a “taste”

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Fast Food Workers Seek to Raise Minimum Wage in Washington and Across United States

Fast food work can often be a thankless job. It seems like everyone goes to fast food restaurants, but hardly anyone appreciates the hard work, long hours, and relatively low wages that fast food workers must put up with every day. In addition, fast food restaurants have often been under the microscope for employment law issues, from sexual harassment, to overtime violations, and other problems. This month, fast food workers

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Lack of Protections for Oregon Employees Who Use Medical Marijuana

Due to the enactment of the Oregon Medical Marijuana Act (OMMA) in 1998, Oregon is one 20 states plus the District of Columbia to pass legislation legalizing the use of marijuana for medical purposes. The laws under OMMA, ORS 475.300-ORS 475.346, protect citizens with debilitating medical conditions from criminal liability for the use of small amounts of marijuana as part of a physician recommended pain treatment program. Furthermore, the Oregon

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Poll Indicates 15% of Women Believe They Have Been Unfairly Denied Promotions

Sexual bias continues to be a significant and pervasive problem in the United States. On average, women tend to earn less than their male counterparts and are often underrepresented in executive or supervisory positions. In addition, thousands of people each year are subjected to inappropriate and demeaning sexual discrimination year each, many of whom are women. Sexual discrimination in the workplace is prohibited by both state and federal law, and

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Former Clallam County Employee Settles Employment Discrimination and Retaliation Charges

An Employment Discrimination and Retaliation Case in Clallam County An employment law case out of Port Angeles made headlines earlier this summer in the Washington employment law community and in local news. According to the Peninsula Daily News, an employment discrimination charge filed with the Washington State Human Rights Commission and the United States Equal Employment Opportunity Commission in March 29 finally came to a settlement. The case highlights the

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Employment Discrimination Case Highlights Pregnancy-Based Discrimination in the Workplace

A story from the Seattle PI this week highlights the many different types of employment discrimination claims that an employee may bring against a supervisor under employment anti-discrimination laws. Jesse Hernandez, head of the Arizona State Board of Executive Clemency was under investigation after a female employee complained that he discriminated against her in the workplace. The woman was a clemency board employee. She complained in May that Mr. Hernandez

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Oregon Courts on Constructive Discharge Claims

Everyone has bad days at work. Most people have coworkers who may be annoying, undermining, and even occasionally name-call in the workplace. Numerous employees believe their bosses are ‘mean’ or on power trips. Almost everyone has days during which the annoyances at work reach a point where they want to quit. An employee has the right to quit, though if you quit your job due to mere annoyance, you will

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Spokane Restaurateur Criminally Charged for Alleged Workers’ Compensation Fraud

The Washington State Department of Labor and Industries (“L&I”) claims that a co-owner of a restaurant in Spokane fraudulently claimed almost $250,000 in workers’ compensation benefits. Wanitta Racicot, who co-owns the Broadway Bar & Grill, claimed that she suffered work-related injuries in 2001 that made her unable to work in her restaurant, according to an article from the Spokane Spokesman-Review. Racicot is expected to enter a plea to the charges

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Merrill Lynch Reaches $160 Million Settlement in Racial Discrimination Lawsuit

Brokerage firm Merrill Lynch has agreed to pay $160 million to settle claims of racial discrimination from 1,200 current and former brokers. Seattle-based KIRO 7 reports that if the trial judge approves the settlement, it will be one of the largest settlements reached in a workplace racial discrimination case. In this case, the plaintiffs were 1,200 African-American brokers who claim that they were the victims of racial discrimination. One of

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"Reverse Discrimination" Leads to $620,000 Verdict for White Police Officer

A federal jury awarded $620,000 to a white police sergeant in his race discrimination lawsuit against the St. Louis Police Department, the Police Board of Commissioners, and other city officials. According to an article from the St. Louis Post-Dispatch, Sergeant David Bonenberger applied for an assistant director position at the police academy, but was not even interviewed for the post because of race. While race discrimination against white employees may

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McDonald’s Proposed Employee Budget Draws Criticism

As the wealth disparity between rich and poor continues to grow in the United States, the minimum wage has been the subject of much debate. Critics contend that the minimum wage does not provide a living wage, while supporters point to market forces and increasing globalization as a reason to keep it where it is. Regardless of the merits of these arguments, the minimum wage is established by the federal

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$2 Million Race Discrimination Verdict Reversed Due to Attorney’s "Irregularities"

A $2 million jury verdict in favor of Jeffrey Chen, the former chief of police in Medina, Washington, was reversed by a federal judge as unsupported by the evidence. Seattle Weekly News reports that the trial judge in the case determined that the jury reached its verdict because of passion or prejudice based on Chen’s attorney’s improper remarks at trial. Although Chen’s favorable verdict was reversed, he will be able

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Seattle-Area Warehouse Roof Collapses in Heavy Rain

The roof of a woodworking warehouse in the Seattle suburb of Kent collapsed due to heavy rains in the area. According to an article from KHQ News, nobody was hurt by the roof collapse, which was due to drains in the corner of the warehouse being unable to deal with the sudden increase in rain. After a building inspector examined the building and the roof of the warehouse, he allowed

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Disabled Oregonians Should Know Their Rights in the Hiring Process

Discrimination in the workplace based solely on an employee’s disability is against both federal and state law. Any company within the state of Oregon that has six or more employees must comply with Oregon Revised Statutes 659A.100-145, which regulate the civil rights of disabled persons and prohibit discrimination against disabled persons in the employment realm. Furthermore, any company with fifteen or more employees must additionally comply with the American with

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Federal Child Labor Laws Draw Criticism

The United States Department of Labor recently fined several grocery store chains in the Midwest more than $130,000 for various violations of child labor laws. While child labor violations may sound serious, in reality the stores were not putting the young employees in harm’s way and no kids were abused or injured in the course of their employment. Instead, during routine audits, Department of Labor representatives found out that teens

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New Labor Laws in Oregon

The Oregon legislature has passed several new employment measures in 2013, most of which took effect on January 1, 2014. Many of the laws provide additional rights and protections for Oregon employees, which demonstrates a positive pro-employee trend among the legislators. Employees throughout the state should familiarize themselves with the new laws to ensure they receive the new benefits to which the new laws entitle them. Some of the laws

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Protections for Oregon Employees who Suffer Domestic Violence

The unfortunate reality is that anyone can become a victim of illegal acts such as domestic violence, harassment, sexual assault or stalking. Victims of these crimes may requirement several different kinds of assistance from medical doctors, therapists or psychiatrists, law enforcement, etc. Working with law enforcement and prosecutors and ultimately serving as a witness to convict the offender can be very time consuming, and personal recovery–physical, mental, and emotional–even more

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ADA Turns 23 This July

When the Americans with Disabilities Act (ADA) was into law 23 years ago this month, it marked an expansion of civil rights protections to people with disabilities. In many ways it is similar to the Civil Rights Act of 1964, which prohibits certain parties from discriminating on the basis of race, color, religion, sex, or national origin. Importantly, both of these laws specifically prohibit employers from discriminating against the groups

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Portland Town Looks to D.C. for Minimum Wage Laws

We recently discussed federal and state minimum wage issues in a blog post highlighting McDonald’s somewhat out-of-touch proposed budget for its minimum wage employees. “Big box” retailers have long been the subject of criticism for paying their workers particularly low wages, drawing displeasure from observers who claim that the companies fail to pay their employees a living wage. D.C. lawmakers are now looking to target companies such as Wal-Mart by

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Oregon Age Discrimination

Discrimination is a pervasive problem in the United States today, affecting millions of employees every year. Both state and federal law protect workers from certain kinds of discrimination. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, religion, color, sex or national origin. When it comes to age, the Age Discrimination in Employment Act of 1967 prohibits employers from discriminating against workers over

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Whistleblowing Accusations Against Prosecutors in Zimmerman Case

Last week, the not guilty verdict announced after the five week-long George Zimmerman trial sparked debates and demonstrations throughout the nation. The office of Florida State Attorney Angela Corey has faced harsh criticism by legal experts and thousands of Americans for its failed prosecution efforts. In addition, Zimmerman’s defense team has made clear plans to file sanctions against the entire prosecution team. However, these are not the only problems for

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Target’s "Diversity Memo" Leads to Discrimination Lawsuit

Three former employees at Target have filed a workplace discrimination and retaliation lawsuit against the company, according to an article in the Seattle P-I. The lawsuit stems in part from a “Multi-Cultural Tips” memo that included many racial and national origin stereotypes about people of Hispanic descent. Target states that the memo was only used at one location, and that it is not a reflection of the company’s values. However,

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Am I Entitled to Overtime Pay?

Many employers are under the mistaken belief that simply because an employee is salaried, they are not entitled to overtime pay. The federal Fair Labor Standards Act (FLSA), as well as any applicable laws in your jurisdiction, regulate issues such as minimum wage, overtime, record keeping, and child labor. When certain employees work in excess of 40 hours in a given work week, federal and state laws require that the

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Washington State and Federal Laws Protect Nursing Mothers

Pregnant women are protected from discrimination under Washington and federal law, but employers and employees may not be aware that new mothers also enjoy certain legal protections. One important issue that the laws address is the rights of breastfeeding mothers. Knowing these laws will help employers avoid employment lawsuits and will help employees protect their legal rights. Federal Law Related to Breastfeeding The federal Fair Labor Standards Act (“FLSA”) was

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Collecting Final Wages from Closed or Defunct Businesses

In these current economic times, job security is a luxury. It seems that we cannot go a day without hearing about layoffs or another company filing for bankruptcy. Sometimes, when companies are forced to cease operations, they may not have enough money to pay their employee’s final wages. Not only are the employees then out of a job, they may also be without a final paycheck on which they may

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Oregon Law on Independent Contractors

Many businesses may have multiple people working for them on a part-time or contractual basis, fulfilling needs as they arise or as particular projects come up. Generally, most employers think of these workers as independent contractors, and in many cases they may be correct. Sometimes, however, conduct on the part of an employer may actually operate to turn an independent contractor into an employee, opening up a variety of legal

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What Happens When You File a Disability Claim?

In Washington, employees who believe that they have been the victim of workplace discrimination can file a discrimination lawsuit under state or federal law. Federal laws against discrimination are enforced by the federal Equal Employment Opportunity Commission (“EEOC”), and Washington laws are enforced by the Human Rights Commission (“HRC”). The federal and state laws and enforcement procedures are similar, but there are important differences that employers and employees should know.

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SeaTac Voters Could Establish Country’s Highest Minimum Wage

This November, voters in the city of SeaTac could pass the SeaTac Good Jobs Initiative (“GJI”), which would establish the highest minimum wage in the country, according to an article from Seattle-based KOMO News Network. The SeaTac ballot initiative would establish a minimum wage of $15 per hour for certain employees at the Seattle-Tacoma International Airport. However, Alaska Airlines and other groups have filed legal challenges to this initiative, hoping

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Limitations and Protections for Whistleblowers Under the False Claims Act

Whistleblowers who expose government fraud under the federal False Claims Act (“FCA”) stand to receive awards from the government that can total millions of dollars. As we recently discussed, a former employee of a Tacoma medical provider received an award of $2.7 million from his whistleblower action, also known as a qui tam lawsuit. However, there are many ways that a whistleblower’s award can be decreased or even denied altogether.

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Former Employee Sues Amazon Over Invention and Noncompetition Agreement

Seattle-based company Amazon is facing a lawsuit from a former employee who is fighting an employment agreement that gave the company ownership of his invention and included a noncompetition clause. According to GeekWire, Amazon recently gave the employee the rights to his patent, but it did not agree to stop using the employee’s invention. This case illustrates some of the issues that employment agreements can cause. Can Employers Claim Their

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Specific Job Descriptions Can Help Avoid Discrimination Lawsuits

When an employee brings a discrimination lawsuit against his employer, the employee’s job description is one piece of evidence that Washington courts will consider. For that reason, well-written job descriptions can help employers defend themselves against discrimination claims. What Should a Job Description Contain? Employers should make sure that job descriptions include specific nondiscriminatory criteria to guide employment decisions. Most good job descriptions will have the following: -An accurate job

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Bereavement Leave Soon Available for Some Oregon Employees

Losing a family member is one of the most difficult events a person may experience in their lives. The resulting grief can cause many mental or emotional issues, and may hinder a person’s ability to carry on as usual in his or her everyday life. Unfortunately, most employers, especially large companies and corporations, tend to not be very understanding of the effects of death on an employee’s well-being and ability

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The Oregon Family Leave Act

Nearly everyone will have to deal with certain life events that can make working nearly impossible. As a result, both state and federal law mandate that employers give their employees a certain amount of leave to deal with certain types of events. The types of events that make an employee eligible for leave include the birth of a child, medical conditions, pregnancy, or injury. The Oregon Family Leave Act (OFLA)

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Proposed Federal Law would Prohibit LGBT Employment Discrimination

The recent Supreme Court decision striking down key provisions of the Defense of Marriage Act (DOMA) may signal a new era for lesbian, bisexual, gay, and transgender (LGBT) rights in the Unites States. That decision held that the provision of the law defining marriage as the “union between one man and one woman” for the purposes of federal law violated the due process and equal protection clauses of the United

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Are Seattle Employers Ignoring the City’s Sick Leave Law?

A recent University of Washington study shows that many Seattle employers do not comply with the city’s sick leave ordinance. According to the study, which surveyed over 1400 employers, 27.1% of employers do not offer their employees paid sick leave or any kind of paid time off. The study also showed that almost 40% of employers stated that they were not aware of Seattle’s ordinance. Employers who are not aware

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What Constitutes Disability Discrimination?

Discrimination in the workplace is a pervasive issue in the United States, and the problem includes discrimination against people with disabilities. Both state and federal law prohibit employers from discriminating against employees that have disabilities, and require that employers provide “reasonable accommodation” for such employees. The federal law prohibiting discrimination against disabled employees is the Americans with Disabilities Act (ADA), while the state law regarding such discrimination is found in

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Whistleblower Collects $2.7 Million for Exposing Employer’s Fraud

Craig Thomas, a former employee of Tacoma-based Sound Inpatient Physicians, Inc., will receive $2.7 million of a $14.5 million settlement in a whistleblower lawsuit under the federal False Claims Act (“FCA”). The Puget Sound Business Journal reports that Sound agreed to pay the sum to the United States government to settle claims that Sound had fraudulently overbilled the government for medical services. Thomas’s share of the settlement is his reward

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Oregon Man Suing DOJ for Sex Discrimination

In Oregon, state law prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, national origin, marital status, or age. One particularly pervasive form of discrimination occurs when a person is subjected to sexual harassment in the workplace. Such harassment could take the form of inappropriate comments, touching, advances, or communications between employees or between a supervisor and employees. Sexual harassment can occur between members of the same

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Are Employee Handbooks Binding Employment Agreements?

Many newly-hired employees receive a handbook that can cover everything from dress code and leave policies to employees’ rights under Washington law. Employee handbooks can be an effective way for employers to communicate their workplace policies. However, they also can cause legal issues for both employers and employees. One of the most important issues is whether the handbook can form a binding employment agreement that could be enforceable in court.

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How to File a Wage Claim in Oregon

The Fair Labor Standards Act (FLSA) sets out strict guidelines for how employees must be compensated for their work. For example, to comply with the federal law, employers must pay each employee a minimum of $7.25 per hour. Employees who work over 40 hours per week must be paid a higher overtime rate unless their position is specifically classified as exempt. In addition to FLSA, Oregon has its own state

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Washington Agricultural Workers Settle Sexual Harassment and Retaliation Lawsuit

Five workers from a farm in Lind, Washington agreed to a $650,000 settlement with National Food Corporation for their sexual harassment and retaliation claims. An article in the Seattle Times reports that the workers were sexually harassed by their supervisor and then fired when they reported the harassment up the chain of command. The workers’ story is a textbook example of unlawful retaliation against employees who oppose workplace discrimination. According

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Washington Minimum Wage Law Applies to Employees Working for Commission

The Washington Minimum Wage Act (“MWA”) requires that employees’ wages at least equal the minimum hourly rate. The MWA is fairly straightforward for employees who are paid by the hour. However, the MWA can be complicated when workers are paid by commission or piece rate, because they still must receive at least the minimum wage. Employers who do not follow the MWA could face an unpaid wage claim. What Does

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Discrimination for English as a Second Language

It is well-known in places of employment that Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against employees on the basis of race, color, religion, sex and national origin. However, employers sometimes do not realize that their behavior actually constitutes discrimination under Title VII. One common example is when an employer treats an employee differently because English is not his or her first language or

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State Employee Faces Ethics Charges for Massaging Coworkers (and Rules)

A recent investigation by the Washington State Auditor’s Office revealed that a former employee of the Department of Ecology had spent more than 85 hours giving coworkers massages while on the clock. The employee was training to become a massage therapist and was using state time to fulfill practice requirements to obtain her license. The Auditor’s Office determined that the employee had violated ethics laws by using state resources for

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Poll Indicates that Majority of Americans Favor LGBT Workplace Rights

The issue of lesbian, bisexual, gay, and transgender rights has been in the spotlight as of late, not least of all due to the highly anticipated decisions on the issue that were released by the Supreme Court recently. Those decisions, known colloquially as the DOMA and Prop 8 decisions, bolstered LGBT rights advocates and were widely seen as a victory for the movement. While the Prop 8 decision was decided

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Proving Pretext in Age Discrimination Claims

A jury found that Seattle Central Community College (“SCCC”) did not wrongfully discriminate against 73-year old administrator Joan Ray because of her age, according to an article posted on Capitol Hill Seattle Blog. Ray had filed an age discrimination lawsuit against SCCC when it did not renew her contract and replaced her with a younger administrator. The college argued that budget cuts forced it to consolidate positions and that the

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Is Your Personal Information Safe with Your Employer?

Your confidential employment file contains everything an identity thief would need: your name, address, Social Security number, tax forms, and maybe even bank account numbers or medical information. Because employers have so much of their employees’ personal information, it is important that they keep it safe. However, a recent Seattle Times article reports that a Banana Republic customer received confidential files for about 20 former Gap employees instead of the

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Supreme Court Limits Justice for Employees

In the midst of the United States Supreme Court’s decisions regarding DOMA, Proposition 8, and the Voting Rights Act, two decisions affecting discriminated employees have been overlooked by many. The decisions are both very important, however, since they both make it more difficult for employees to hold their employers responsible for Title VII violations. One case involves an employee who brought suit for racially-based discrimination, and the other involves a

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Employer’s English-Only Policy Leads to Discrimination Lawsuit

An article from the Seattle P-I reports that the ACLU has filed a discrimination lawsuit on behalf of Bryan Baldizan and Lupe Gonzales, two Whole Foods employees suspended for complaining about the store’s English-only policy. We recently discussed that language gaps in the workplace might be a form of discrimination based on national origin. In the same way, an English-only policy might amount to unlawful discrimination. Baldizan and Gonzales say

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Nepotism in Oregon’s Employment Department

Nepotism complaints are not very common in the state of Oregon, especially as compared to the large amount of annual complaints alleging discrimination or wage and hour violations. In fact, labor officials report investigating only a handful of possible nepotism cases each year. However, nepotism allegations have recently surfaced from perhaps the most unexpected place–the state employment department itself. Oregon ethics laws prevent public officials from participating in employment decisions

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Portland’s New Ordinance Will Require Paid Sick Leave for Employees

In March of this year, Portland City Council unanimously voted to pass an ordinance that would require employees to be able to accrue paid sick leave. Taking effect on January 1, 2014, the guaranteed right to paid sick leave will apply to employees working at companies with six or more employees. Employers with five or fewer employees will not be required to provide paid leave, but will not be allowed

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Payroll Debit Cards and Washington Payroll Law

Paying employees with payroll debit cards has become increasingly common in states like Washington that allow this method. However, while these cards can be convenient, they can carry burdensome fees for employees and potential legal pitfalls for employers. For example, Seattle-based KING 5 News reports that a McDonald’s employee has filed a lawsuit claiming that when she complained about fees on her payroll card, she was given no other payment

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Recent Wage Violations in Oregon Restaurants

The United States Department of Labor recently investigated 110 restaurants across the Portland area for possible violations of the Fair Labor Standards Act (FLSA). Restaurants across the nation are notorious for wage and hour violations, and the Portland district director of the Labor Department, Jeffrey Genkos, has stated that restaurants are regularly on the department’s “radar.” Wage and hour violations are common in restaurants partly because the workforce is often

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Gawker Media Sued by Interns for FLSA Violations

The economic downturn of recent years has led to an increase in the number of unpaid internships being offered. Employers are certainly happy to have additional unpaid help, and students and other job-seekers find these positions desirable in order to add additional experience to their resumes. While at first glance unpaid internships may seem like a win-win for everyone involved, several recent cases have highlighted how employers can take advantage

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Spokane Hair Stylist Sues Spa That Told Her to Wear a Wig to Work

Hair stylist Melanie Strandberg quit her job at a spa in Spokane after she was told to wear a wig to cover her bald head at work. The Spokane Spokesman-Review reports that she has since filed a discrimination lawsuit against her former employer. The question is, what kind of discrimination did she face? After Strandberg learned that her sister would have to undergo chemotherapy treatment for cancer, she shaved her

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Oregon and Federal Laws Against LGBT Employee Discrimination

Many laws exist on the state and federal level prohibiting employment discrimination based on factors such as race, color, national origin, age, gender, and disabilities. Employment discrimination refers to any discriminatory employment practices such as bias in hiring, job assignment, promotion, compensation, and termination, as well as various types of harassment. In addition to these standard discrimination laws, twenty-one states plus the District of Columbia and Puerto Rico have enacted

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Cherry Pie Leads to Loss of Job

A city employee in Bridgeport, Washington was fired on account of a $1.69 cherry pie, according to an article published by the Wenatchee World. David Greer, who was an employee in Bridgeport’s public works department for 21 years, is now filing a wrongful termination lawsuit against the city. Greer was picking up snacks for his coworkers when he placed the pie in his pocket because he had too many things

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How Does the DOMA Decision Affect LGBT Employees?

On June 26, 2013, the Supreme Court of the United States reached a landmark decision in United States v. Windsor that struck down the Defense of Marriage Act (DOMA). DOMA prohibited the federal government from legally recognizing same-sex marriages and from providing federal benefits to same-sex married couples. The decision held that section 3 of the Act was unconstitutional, thereby entitling same-sex married couples in the United States to the

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University of Washington Employees Face Ethics Charges

Two University of Washington employees committed ethical violations by earning overtime pay for personal internet use. An article from Seattle-based KOMO News Network reports that the State Ethics Board found that the UW employees violated rules regarding personal use of state resources. Other state employees can learn from this story to avoid being the subject of an ethics investigation. The ethics investigation began when two of UW’s fire alarm technicians

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Oregon Allows For Medical Marijuana Use … But Do Employers?

In 1998, Oregon became one of the first states to legalize the use of marijuana for medicinal purposes (eighteen states, as well as the District of Columbia, now have similar laws). While Oregon does not have any legal marijuana dispensaries, an individual who suffers from certain diseases or disabilities can grow, possess, and use marijuana with a doctor’s recommendation. Until recently, the conditions under which Oregonians could legally use marijuana

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Oregon Military Department Facing Sexual Harassment Scandal

Oregon’s Office of Emergency Management has been fielding one crisis after another in recent weeks. Given that the Office’s stated role is to help Oregon’s state and local leaders prepare for and respond to natural disasters and other emergencies, it is ironic that the messes currently facing the department are all internal, manmade, personnel concerns. First [link to “Union Alleges that Emergency Management Director Committed Unfair Labor Practices”] was a

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Washington LGBT Employees’ Spouses Benefit from DOMA’s Demise

Same-sex spouses in Washington gained many employment benefits and rights under federal law when the Supreme Court struck down the Defense of Marriage Act (“DOMA”) this June. As this US News article notes, because federal law now recognizes same-sex marriages, LGBT couples will now enjoy federal rights such as tax-free health benefits for spouses and protection under the Family Medical Leave Act (“FMLA”) and the Americans with Disabilities Act (“ADA”).

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Washington Employer Liability Standards Altered by Supreme Court

When can an employer be liable for damages in a hostile work environment or harassment lawsuit filed by an employee? One important issue is whether the employee was harassed by a coworker or by a supervisor. The Ninth Circuit, which includes the state of Washington, had decided that a supervisor is someone who has authority over the employee and oversees the employee’s work. However, the Supreme Court ruled this June

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Flier Tells Oregon Workers to Say "Hasta La Vista" To Jobs if They Unionize

Controversies about unionization or employment rights rarely bring out the best in people. When disagreements arise about whether or not workers should unionize, almost everyone involved in the situation is likely to have a strong view about the right course of action, and can be quite aggressive in his or her quest to convince others. While a vigorous debate with a multiplicity of viewpoints is almost always welcome, there is

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Service Employees Union Declares an Impasse in Labor Negotiations with the State

The state of Oregon, as one of the biggest employers within the state, often faces tumultuous negotiations regarding its labor contracts with its employees. Just one example of this is the state’s ongoing negotiation with the service employees’ union, which recently hit a fairly major snag According to a report by the Statesman Journal, on June 11th, the Service Employees International Union Local 503 (SEIU) – a union that represents

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Pregnant Employees Often Face Discrimination

Employers routinely deny basic accommodations to pregnant employees, according to a recent report published by the National Women’s Law Center and A Better Balance. The report indicates that women are more likely to face pregnancy discrimination if they have jobs that are typically held by men or low-wage jobs. Regardless of where they work, it is important for both employers and employees to know that both federal and Washington state

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Is Wage Theft Rampant At Fast Food Workplaces?

In early June fast food workers across the country, including in Seattle, staged a 24-hour strike at some of the most popular chains in the area: McDonalds, Subway, Taco Bell, and more. As we previously discussed, the workers had many general concerns about employment practices. One of the general themes of those participating in the strike was the chronic problem of “wage theft” at these locations. As discussed in a

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Union Alleges that Emergency Management Director Committed Unfair Labor Practices

The job of the Oregon Office of Emergency Management is to help leaders at both the state and local levels prepare for and respond to natural disasters and other types of emergencies. The biggest crisis the office has had to deal with in the last few months, however, is a labor controversy within its own ranks. As the Statesman Journal recently reported, a public employees’ union – the American Federation

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Investigators Find Restaurants Systematically Violating Wage and Hour Laws

In two of our recent blog posts(“Oregon Restaurant Industry Fights Limits on Tip Sharing” and”Tip Sharing Litigation Brings into Question the Limits of the Labor Department’s Authority”), we discussed how the restaurant industry in the Pacific Northwest had brought suit in Oregon’s district court against a Labor Department rule limiting tip-sharing arrangements among tipped and non-tipped employees. It seems, however, that tip pools are not the only area of conflict

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Seattle City Council Passes "Jobs Assistance Bill" – Criminal Background Checks on Applications

Most economic indicators suggest that we are working our way out of the recession that struck several years ago. Yet, even though the general signs indicate things are improving, all Washington residents appreciate that it still remains very difficult to both get a new job and keep a current one. Unemployment is still higher than it should be and the mantra “It’s tough out there” still applies. When it comes

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EEOC Files Hiring Discrimination Lawsuit For Company Background Check Policy

Most Washington residents understand that the law forbids workplace discrimination based on a range of categories: race, gender, sexual orientation, etc. But less understood are the more complex forms that such discrimination can take. It is virtually never the case that an employee will explicitly say “We are not hiring you because you are X,” where X is a prohibited discriminatory category. Instead, the employee or prospective employee will be

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Spokane Wage Gap – Is It a Problem?

The Spokane Journal of Business recently published an article which might cause worry among some in the area. The story noted how newly released information indicates that the average hourly wage in Spokane is about 6% behind the nationwide average–$20.65/hour compared with the $22.01/hour. According to data provided by the U.S. Bureau of Labor, this represented a slightly widening gap as the discrepancy was only 5% the prior year. The

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Blueberry Farmers Claim the Federal Government Denied Them Due Process in a Labor Investigation

Generally, one of the major functions of the United States Department of Labor is to ensure that employers act fairly toward their employees – paying them fair wages, not overworking them, and protecting them from harassment, among other things. According to the Oregon Farm Bureau, however, the Labor Department has overstepped its authority in investigating blueberry farmers within the state. According to a report in the San Francisco Chronicle, the

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Understanding New Washington Employee Social Media Law

Employer access to employee social media content has been a hot topic for months (if not years). As we discussed in a post earlier this month, in Washington the issue made its way to the statehouse this session with the passage of Substitute Senate Bill 5211 which addresses the matter. The law includes a wide range of provisions that have important implications for both Washington employees and employers. In general,

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Should Employers Serve Alcohol At Company Parties?

Work is work. But it does not always have to feel that way. Company parties are a great way to employers and employees to connect with each other on a personal level and loosen up. With summer upon us, many Washington companies will be hosting BBQ’s and other mixers during or after work for their employees. But is serving alcohol at a company party really a good idea? Before getting

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Oregon House Passes New Protections For Domestic Workers

Many people who are financially well off think nothing of hiring housekeepers and nannies to help make their day-to-day lives run more smoothly. In the best scenarios, these domestic employees become part of the family and are treated with a great deal of love and respect. However, the picture is not always so rosy; we hear reports all the time of domestic employees that have been harassed, overworked, and abused.

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City Employee Sues Portland For Failing to Provide a Fragrance-Free Workplace

One of the most important provisions of the Americans with Disabilities Act of 1990 (ADA) is that employers cannot discriminate against qualified employees who happen to have disabilities. One of the main ways of preventing discrimination is requiring employers to make “reasonable accommodations” for certain mental or physical limitations that employees face. Installing ramps for wheelchair-bound employees or Braille signs for blind workers are some of the obvious accommodations that

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What's The Cost Of An Employee Smoke Break?

According to a recent study by Tobacco Control, smoke breaks are expensive not just for the employee that has to pay for the rising cost of cigarette packs, but for the employer as well. $5,800 per year for every smoker is the cost a business must pay for smoke breaks and the health issues that come with years of smoking. NPR quotes Ohio State professor Micah Berman on the findings

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Oregon’s New Hairstyling Law Breaks Down Barriers to Employment

It is no exaggeration to say that race has played a fairly prominent role in the evolution of employment rights in American history. Whether it was the right of African-Americans to be paid for their labor at all, as opposed to being considered the property of other human beings, or the right of all people not to have their race be a factor in hiring and firing decisions, employment rights

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Most Small Businesses Protect LGBT Employees

Employment laws that protect the rights of LGBT employees have been a hot button topic for some time now. In addition to marriage equality, workplace protections seek to make discrimination against LGBT employees similar to other protections individuals receive. Did you know that more than two-thirds of small business owners across the state of Washington and the United States believe that there should be state and federal laws in place

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Tip Sharing Litigation Brings into Question the Limits of the Labor Department’s Authority

In our last post, we discussed an ongoing legal battle between the United States Department of Labor and members of the restaurant industry in the Northwest. The case involves tip sharing arrangements at restaurants in which servers are required to pool either part or all of their tips together, and the resulting amount is redistributed among both servers and other restaurant staff. In 2011, the Labor Department made a rule

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Oregon Restaurant Industry Fights Limits on Tip Sharing

As anyone who has worked in a restaurant knows, tips can be a huge source of stress among the staff. Since many servers are not paid a very generous base rate, they rely on tips as their primary source of income; as such, worries and frustrations surrounding poor tippers run rampant. In addition to these concerns, restaurants’ policies regarding tipping pools can cause a great deal of tension among the

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Longshore Protesters Demonstrate on Both Land and Water Against Grain Lockout

As the Oregonian recently reported, the Coast Guard has recently become involved in managing safety in a lockout where protests are occurring both on land and on boats in the Columbia and Willamette rivers. This labor dispute is between longshore workers, who load and unload ships at the dock, and the grain companies Columbia Grain Inc. in Portland and United Grain Corp. in Vancouver. The grain companies have locked out

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Washington Credit Reports & Employment

A high score is good and a low score is bad. That sums up the basic idea behind your three digit credit score. And unless you are applying for a house or a new credit card, your credit score number is your business. That may be your thought process, but there are instances in which a Washington employer can legally check an applicant’s credit report. The purpose behind the credit

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Washington Social Media Passwords Protected In Interviews and At Work

A Washington job interview can be a rigorous process. And rightfully so, not only is your potential employer trying to determine whether you have the skills to get the job done but they also wants to make sure you have the personality and other features that will mesh well with the company culture they are trying to achieve. It comes as no surprise that social network profiles are a great

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Oregon Court Denies Fire Chief’s Workers’ Compensation Claim

In 2007, the Clackamas County Sheriff’s Office informed Alan Hull, then the fire chief at the Estacada Rural Fire District, that one of his employees had embezzled $1.9 million from the district. The Sheriff’s Office then asked Mr. Hull to go undercover and gather evidence of this employee’s wrongdoing, which Mr. Hull agreed to do. When information about the entire sordid affair came out, the public was, somewhat understandably, incensed

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A Look At Different Washington Workplace Tests

Washington workplace tests are not as uncommon as you may think. In addition to testing potential employees to test certain capabilities as a prerequisite for a job, Washington employers may also test existing employees to ensure that skills stay sharp or as a condition on a promotion. What most of these tests are trying to decipher depend on the job and company. For the most part, employment testing (whatever type

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Oregon Legislators Say You Don’t Have to Be Friends with Your Employer

A few weeks ago, we informed you that the Oregon House of Representatives was considering a bill that would prevent employers from requiring their employees or potential employees to provide access to their social media accounts. As KATU.com recently reported, the Oregon Senate passed House Bill 2654B with a large margin of support (28 to 1, with one excused vote). Though an earlier version of the bill already passed a

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Washington Criminal Records And Employment Prospects

Do you have a criminal history you wish you never had? Depending on when and what you did, you may have to answer for those crimes on employment and housing applications for a long time. And that reality begs the question: can Washington employers use your criminal past against you when you are applying for a job? Absent a compelling business reason, employers are not allowed to exclude individuals from

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Tips On How To Handle Legally Questionable Workplace Situations

Work is work. And for that very reason, Washington employees should not have to deal with additional headaches during their days at the office. But the sad reality is that workplace harassment, discrimination, illegal pay practices and other illegal employment activities happen all the time in the state of Washington and throughout the nation. With this reality in mind, Washington employees should be aware of things they can do to

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Oregon Considers Making Coaches Pay NCAA Penalties

Sports coaches at universities across the United States provoke strong reactions among fans of collegiate athletics. Especially for coaches of the top collegiate teams, there are few lukewarm feelings, and the coaches are often at the center of controversy for their choices both on and off the field or court. Joe Paterno and Jerry Sandusky might immediately spring to mind for their roles in the sexual abuse scandal at Penn

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Are Language Gaps A Form of Discrimination?

Some employees do not share the same language as their employer or fellow employees. Does this language barrier constitute a form of actionable employment discrimination in Washington? It could if it is properly argued as a type of illegal national origin discrimination. The Denver Post reports that a group of Auraria, Colorado janitors recently filed a class action complaint alleging that lack of Spanish communication at their workplace amounts to

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Oregon Legislature Works to Protect Unpaid Interns From Harassment and Discrimination

It can often seem that business interests and employment rights concerns are working at cross-purposes to each other. Advocates from both groups can often present almost knee-jerk opposition to any proposal from the other side. Nevertheless, the two sides manage every so often to negotiate their way into a compromise that benefits all parties. Such is the case with a bill now in the Oregon legislature that aims to provide

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Factors in Calculating Age Discrimination Damages

Let’s face it—people are working longer. Rather than sailing off into the sunset, many Washington employees are either staying at their current place of employment for years longer than the previous generation or re-entering the workforce after time off. For many, the reason an older employee is punching a time clock rather than enjoying his or her retirement is quite simple—it’s all about the money. Times are tough and whether

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Portland Blocks City Park Rangers’ Plans to Unionize

Though many employers, including government employers, profess to support the rights of their employees, their union-blocking actions do not always match up with their enthusiastic claims. Such is the case with the city of Portland, which is seeking to stop its park rangers from unionizing. In this post, we will explore the arguments made by both the city and the park rangers regarding unionization. An article on the labor news

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Portland Company Accused of Unfair Wage Practices

A Portland-based company called Alta Bicycle Share has experienced its share of professional peaks and valleys in the last few weeks. Citi Bike, a wide-ranging bike share program run by Alta Bicycle Share, recently opened to great fanfare in New York City. With 15,000 members and 6,000 bicycles at over 300 stations across Manhattan and Brooklyn, the bike sharing program is the largest of its kind in the United States.

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PERS Reform: Proposed Changes to Lower Pension Costs

In our series on the debates surrounding Oregon’s Public Employees Retirement System (PERS) and its potential reforms, we have looked at the issue from several different perspectives: first we examined the major problems plaguing the system, then we explored how the brokenness of the system has adversely affected schools and working teacher, and finally we discussed the arguments put forth (mainly by unions and retired or nearly retired teachers) for

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Seattle Is A Great City To Find Work, But What About Unemployment?

The beautiful city of Seattle was recently ranked the 6th best major city for finding a job. Seattle was the lone West Coast city on the list that looked at factors such as: diversity of industry, range in size of companies offering employment and cost of living. The Seattle Times quotes labor economist Scott Bailey, “The labor market is continuing to improve at a moderate but accelerating rate, somewhat faster

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UO Administration and Faculty Embroiled in Ongoing Contract Negotiations

The stereotypical idea of a labor dispute often involves blue-collar workers, such as factory employees or agricultural laborers. The truth, however, is that struggles for employment rights occur in varying contexts and at many different socioeconomic levels. A perfect example of this is the fact that one of the biggest ongoing labor problems in the state pits the professors at the University of Oregon against the University’s administration. As the

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Washington Employees Right to Workplace Breaks

For many Washington employees, there are lots of places he or she would rather be than at work. Isn’t it funny how an 8-hour work day can feel more like 12-hour work day? Work is hard for everyone and other than downing copious amounts of caffeine in between shifts (which many of you reading this likely do already), workplace breaks are an important time for employees to take a seat,

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Fast Food Workers Strike in Seattle And Throughout The Nation

A recent strike in Seattle by a group of fast food is going to make it very hard to get your food quickly. The Nation reports that fast food workers throughout Seattle went on a twenty-four hour strike earlier this week, marking the seventh fast food work stoppage in the last two months over issues with compensation and unionization. The twenty four hour walkout included employees from the following popular

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PERS Reform: The Union Perspective

In our last two blog [PERS Reform: Money Match Makes Pension Costs Rise to Unaffordable Heights] posts [PERS Reform: Budget Woes Are Hurting Teachers and Students], we discussed the major problems facing Oregon’s Public Employees Retirement System (PERS), and how PERS’s problems are affecting teachers in Oregon’s public schools. In this post, we will look at the issue from the so-called ‘union’ perspective – the perspective of teachers’ union activists,

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Will Switch to Health Exchanges Affect Insurance for Washington State Workers?

For many employees, their compensation is much more than the final total they see on their paycheck every two weeks. That is because many employers provide a range of other benefits which are critical, including vacation time, sick leave, retirement support, and health care insurance. It is important not to view these additional amenities as “extra” services or “bonuses” that employers provide out of the goodness of their heart. They

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PERS Reform: Budget Woes Are Hurting Teachers and Students

In our last post, we discussed how Oregon’s Public Employees Retirement System (PERS) has been the subject of ongoing criticism and attempts at reform. Specifically, we explored one of the major liabilities of the system – the Money Match pension formula that has significantly raised pension costs for government employers in the state of Oregon. While the faults of the system affects all manner of public employees – including police

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Court Rules That Spokane County Owes Retired Judge $15,000 for Unused Vacation

Every day employees throughout Washington are forced to fight to ensure that they receive the full scope of wages to which they are entitled. Unfortunately, many employers try to skirt the law and employment contracts, particularly when it comes to more confusing aspects of payment requirements, like overtime pay or back-payment for unused vacation time. Employees are often unclear about their rights, and some may simply accept the actions of

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PERS Reform: Money Match Makes Pension Costs Rise to Unaffordable Heights

One of the most important issues facing the state of Oregon these days is the brokenness of its Public Employees Retirement System (PERS). In order to provide you with a holistic understanding of the situation, this post will be the first in a series discussing PERS reform. In this post, we will discuss the major problems with the system. In subsequent posts we will discuss some proposals to fix PERS,

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Oregon Considers Passing More Comprehensive Leave Law

https://hkm.com/bereavement-leave-soon-available-oregon-employees/Recently, we discussed a new ordinance passed by the city of Portland that guarantees all employees the right to sick leave benefits. Now it seems that the state of Oregon is following Portland’s lead and considering expanding leave benefits for employees across the state. The Oregonian recently reported that Oregon’s lawmakers are considering three separate bills regarding employee leave benefits in this legislative session; under the new laws, employees in

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Portland Mayor Moves to Decertify Police Commanders’ Union

As with many employees across the country, a union protects the employment rights of Portland’s police commanders. A new move by the Portland mayor to decertify the police commanders’ union, however, has many employment rights advocates worried that the city is trying to infringe on the rights of commanding officers in the city. Currently, the Portland Police Commanding Officers Association (PCOA), which was established in October of 1989, represents 51

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Seattle Taxi Cab Example May Help Exploited Workers Nationwide

How can Seattle Taxi cab drivers help Georgia container port workers? According to an in-depth story on worker’s rights from In These Times, the past experiences of unionized cab drivers in Seattle may offer hope to those workers fighting for rights in one of the busiest ports in the country. The Problem The story explains the plight of the port workers in Savannah, Georgia. The port is the 4th largest

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More Support Needed for LGBT Employees in Washington?

Both state and federal employment laws are in place to ensure workers are treated fairly. From ensuring proper wages, overtime, sick leave, and more, these laws guarantee workers a level of security in the face of unexpected life circumstances. As you might expect, legal disagreements over application of these rules often hinge not on what the law guarantees, but whether a certain employee actually qualifies for the law’s protections. For

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Portland Teacher Claims He Was Fired for Expressing His Religious Beliefs

Questions of free speech in schools are always fraught with complications – whether it involves student protesters of the Vietnam War or teachers expressing their moral or political beliefs to their students. One Portland teacher, who claims that his job is in danger because of his vocal opposition to Planned Parenthood, has become a case study for the limits of free expression within the classroom. Christian News News and The

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Marijuana & Employment Law — A New Frontier?

Washington made history last November when voters approved the recreational use of small amounts of marijuana for adult users. The ballot initiative which passed eight months ago makes Washington and Colorado the only places to allow such use under state law. Eighteen other states and the DIstrict of Columbia allow marijuana use for medical purposes. Considering that many employers require drug testing for employees, the legal status of the drug

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New Initiative Claims to Protect Public Employees From Unions

Though unions are normally considered organizations that protect the interests of workers, two Oregonians, along with an out-of-state donor, are pushing a ballot initiative that would seek to protect employees from union membership. The Oregonian reported in late March that Washington County attorney Jill Gibson Odell – the former legislative director in the Oregon House Republican office from 2007 until 2010 – and Libby Braeda of Tigard, Oregon had introduced

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Labor Organization Proposes Corporate Tax Reform

Oregon Governor John Fitzahaber has been working with leaders from both the business and labor communities to find a compromise measure on tax increases that might be palatable to the public. However, in a move that has elicited strong reactions from both business and labor groups, a union-backed organization called Our Oregon recently proposed ballot measures that would seek to raise corporate tax rates in Oregon if the governor’s plan

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Seattle Has Nation’s Largest Gender Pay Gap

The pay gap between men and women is wider in Settle than any other major city, according to a recent report by the National Partnership for National Partnership for Women and Families and Families. More specifically, full-time employed Seattle women make a mere 73 cents for every dollar her male counterpart makes. It may be hard to fully grasp this discrepancy when speaking in cents….what it does amount to is

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Community Radio Station Involved in Labor Dispute

When most people hear the term “labor dispute” they normally picture a large corporation with several layers of disconnected managers and unfeeling personnel policies. While there are many – too many – cases of this sort, even small, seemingly labor-friendly nonprofit organizations can become embroiled in employment rights disputes. Nonprofit Radio Station Tries to Streamline Personnel Policies As the Portland Tribune reports, this is the case with KBOO, a Portland

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What is Differential Treatment?

Different is good, right? Well, sometimes. In a Washington employment law context, different is not usually a good thing. Different is an adjective most often used to show how certain employees are being treated differently because of something he or she cannot change about themselves. What the term differential treatment is really getting at is the form Washington workplace discrimination is taking place. Every job is unique, so it is

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Understanding Washington Disability Discrimination

Not hired for a position because of a disability? Fired from a job because of a disability? Passed up for a promotion or raise at work because of a disability? Those are just a few general examples of how Washington disability discrimination can manifest itself in the workplace. And unfortunately, this type of discrimination happens more than you think. Whether the discrimination is subtle or obvious, the Americans with Disabilities

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A Look At The Working Families Flexibility Act

233-204. That was the final tally that passed the Working Families Flexibility Act in the House of Representatives. The Working Families Flexibility Act would touch private-sector Washington state employees as well as private-sector employees nationwide. The crux of the Republican-backed bill is fairly simple: employees would be able to receive “comp” time instead of overtime pay for work over 40 hours in a given week. That comp time could then

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Oregon Officer Claims Firing Him Violates the ADA

It seems that a recent spate of employees, fired because of their use of controlled substances, have been finding novel methods of challenging their dismissals. First was Brian Milam, the Washington pilot who fought to be reinstated at his job after failing a random drug test and admitting to having used marijuana regularly. Now, an Oregon police officer is challenging his dismissal after a drunk-driving arrest. Both Milam and the

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Are You Being Asked Legal Questions In An Interview?

Did you know you have legal protections in place even before you interview for a job in Washington? Well you do and you should know them before your next job interview to ensure that your rights are not being violated. Oh, and might we add these rights exist whether or not you get the job. The excitement and nervousness associated with landing a job interview, especially in the current employment

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Exempt or Nonexempt, Why Does It Matter?

What type of employee are you? One that logs every hour of the week or one that has an annual salary? To many Washington employees, his or her classification as exempt or nonexempt may seem like a HR technicality and consequently they pay very little mind to it. The truth is that your employee classification is very important because this status controls things like overtime regulations and other wage issues.

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Washington Harassment Lawsuit Dismissed

As we discussed previously, Evans Fruit Co, a Yakima-based fruit company has recently been faced with not one but two lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of the company’s current and former orchard workers. The first suit dealt with sexual harassment claims, the second suit alleged retaliation. Both of these lawsuits have now been dismissed by a federal judge Lonny Suko in Washington for

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Are Workplace Dress Codes Legal?

Whether you have to wear a full suit and tie to work or simply have to keep your shoes on, workplace dress codes are common in Washington and throughout the rest of the country. Some Washington companies do it for the sake of professional uniformity, some do it for safety reasons, and some do it just because they want to. Whatever the reason behind imposing a dress code, Washington employees

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Unqualified Veteran Resigns as City Manager – Why Was He Hired?

In a recent post, we discussed how an Oregon employer had allegedly wrongfully discharged a former military service member, denying him his federally mandated employment protection. At the other extreme is the League of Oregon Cities, which hired a former service member to be the city manager for the city of Banks, Oregon – despite his alleged lack of qualifications – because it improperly followed Oregon laws meant to promote

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Soldier Claims that His Firing Violates Federal Law

As the United States’ involvement in overseas military conflicts has continued for over ten years, military service members continue to require help in adjusting to life back at home. Aside from dealing with the physical and emotional scars of war, veterans often also have trouble finding civilian employment when they return from serving their country. Employment Protections for Veterans One such service member is John Davis, a former soldier who

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Seattle’s Sick Law Extends Past Seattle

Washington employers, do you know about Seattle’s sick and Seattle’s sick and safe time law yet? time law yet? To surmise, the Sick and Safe Leave ordinance (Seattle Municipal Code 14.16) requires businesses located within the city of Seattle to provide paid sick and safe leave to their employees (notice that we did not say independent contractors), the amount of which depends on how many full-time employees a company has.

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Understanding Portland’s Paid Sick Leave Ordinance

Last month, the Portland City Council unanimously voted to enact an ordinance guaranteeing the right to sick leave for employees in the city of Portland. The Portland ordinance follows similar measures enacted in San Francisco and Seattle, and it was pushed through by a large coalition of local activists and groups, including the non-profit Family Forward Oregon, Portland City Commissioner Amanda Fritz, and the Oregon AFL-CIO. According to the paid

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Oregon Combats Unemployment Fraud by Intercepting Tax Refunds

Almost everyone knows that the economy – across the world as well as within the United States – has been troubled for the last several years. As a result, many hardworking individuals have been forced to rely on unemployment benefits to help cover their basic living expenses while they try to reenter the job market. While such benefits are meant to help individuals who have lost their jobs through no

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Your Job and Your Jury Duty Rights

As a resident of the beautiful state of Washington, jury duty is your civic duty. Don’t worry, you are not being picked on—every state places similar obligations on their residents. You may have received many jury duty summons in your adult life and never been chosen to sit on a trial. That doesn’t matter here. What does matter is that when you receive a jury duty summons in the mail,

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Company Health Tracking Programs Raise Privacy Concerns for Employees

In the quest for ever-increasing output, many companies have begun implementing health and wellness initiatives to ensure that their employees remain healthy, happy, and (most importantly) productive. However, a Portland company at the forefront of the quantified self movement – which uses statistical data about a person’s characteristics and activities in order to better understand the person’s performance and general well-being – has begun a program that, if implemented widely

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Does Your Employer Want to Be Your "Friend"?

In the not-so distant past, Facebook was mostly a way of keeping in touch with friends you had not seen since high school, and Twitter was largely used to keep people informed about your thoughts on current events (or, more realistically, your thoughts on what you ate for lunch). In the last few years, however, the professional world has eroded the strictly personal nature of social media. Companies now try

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What Constitutes Sexual Harassment in Washington?

You hear the term sexual harassment used all the time, but do you really know what it means? More specifically, do you know what constitutes sexual harassment in Washington? If you answered No to those questions, you are certainly not alone. Generally speaking, sexual harassment is any unwelcome physical or verbal conduct directed at an employee because of their sex. That intentionally vague description highlights the fact that Washington workplace

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The Basics: Types of Washington Workplace Discrimination

Imagine if every day you went to work you felt like you were being treated unfairly because of something you couldn’t change about yourself. Or every time you did not get a job, you knew the reason was personal and out of your control. Workplace discrimination happens all the time and Washington employees are no exception. Illegal, yes. But did you know that Washington employment discrimination encompasses everything from age

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What It Means To Be An Independent Contractor

Full-time, part-time, contractor and consultant – Washington employees can take on a variety of work relationships. And with the growing employment diversity the state has been enjoying, this range will continue to grow. One thing that manyWashington employees may not realize is that their employment classification also comes with different legal implications. Two of the more commonly conflated employment classifications have to do with full-time employees and independent contractors. If

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Non-Compete Agreements: Protecting Employers or Punishing Employees?

The Oregonian recently reported that a former manager at the Oregon-based company, Electro Scientific Industries (ESI) has filed suit against his former company in the U.S. District Court of Oregon. Lynn Matthew Sheehan alleges that ESI attempted to block him from working at another laser company, and that he is entitled to at least $100,000 in economic damages and $250,000 in punitive damages. This case is interesting because it brings

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Court Finds For Apple Growing Company in Sexual Harassment and Retaliation Suits

A lawsuit by the Equal Employment Opportunity Commission (EEOC) against Evans Fruit, one of the largest apple growers in the United States, was recently dismissed in the United States District Court for the Eastern District of Washington. This dismissal, in conjunction with the EEOC’s loss of a related trial, has been a boon to Evans Fruit, but raises some concerns about which Washington employees should be aware. Evans Fruit Prevails

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Governor Announces a Plan to Help Integrate Disabled Oregonians into the General Workforce

The state of Oregon and Governor John Kitzhaber are facing a serious challenge to the state’s sheltered workshop system for disabled Oregonians. A class action lawsuit led by the organization Disability Rights Oregon (which the United States Department of Justice joined as a co-plaintiff at the beginning of April) claims that Oregon’s failure to provide employment support and opportunities to disabled individuals unfairly segregates them in terms of their employment

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Federal Judge Refuses to Certify Class Claims against Comcast

Class action lawsuits – in which a large group of people sue a defendant claiming that each has been injured in some similar way – are often used a convenient way of settling many similar claims in one action, rather than clogging up the legal system with multiple, duplicative suits. However, one of the major hurdles to bringing a class action, as the plaintiffs in a suit against a Comcast

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Pot-Smoking Pilot Fights to Keep His Job

An airline pilot fails his company’s random drug test and admits to using marijuana. His airline fires him. That seems simple enough, doesn’t it? The struggle between a Seattle-area pilot and airline company has recently shown that employment law is not always quite as simple as you might think. A recent article in the Seattle Post Intelligencer reports that, in 2011, the Seattle-based Horizon Airlines conducted a random drug test

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Federal Government Claims that Oregon Segregates Disabled Individuals

The Oregonian published an article reporting that the United States Department of Justice joined a lawsuit against Governor John Kitzhaber and the state of Oregon that demands changes to the state’s “sheltered workshop” system for individuals with severe disabilities. The fact that the Justice Department intervened as a plaintiff into the case is worth noting – as is the Governor’s response – because it seems that the employment landscape for

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What Employers Need To Do To Hire Teenagers

Is your teen is looking for a part-time job? If so, what do you need to know about their future employer? Washington State requires employers of teenagers to satisfy certain requirements. It is important for you, the parent, to understand what an employer is required to do if they employ teenagers. Employer Requirements Any employer of teenagers has to be approved by the State of Washington. The employer must obtain

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Bullying in the Workplace – Harassment and Hostile Work Environments

Washington state has addressed bullying in schools. The law states that “‘harassment, intimidation, or bullying’ means any intentional electronic, written, verbal, or physical act, including but not limited to one shown to be motivated by any characteristic”. Washington State Statute 2A.300.285 So once you are out of school you never have to deal with bullies again, right? What about workplace bullying? Instead of getting pushed into lockers or having shoes

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The Basics: Understanding the Family Medical Leave Act

When you are feeling ill you can use sick leave to stay home and recuperate. If your child is sick and needs your care, you can use sick leave from work as well. But what if your accrued sick leave is not enough to care for yourself or a sick family member? You may be covered by the Family Medical Leave Act (FMLA). This covers employees from Naples, Florida to

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Working Kids – What Are The Limits?

So your teenager is bugging you to get a job at the local grocery or ice cream shop to make extra money. Video games don’t buy themselves. It is not as if children working is a foreign concept–children worked on family farms for centuries. Of course, more recently, the U.S. federal government decided that there should be limits on what work a child could do (including age requirements) and how

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Washington Superintendent Files Discrimination Lawsuit

A Washington school superintendent is suing the school board in Richland for more than $1 million for an alleged act of discrimination. The Richland School Superintendent was fired because of an affair with another district employee, but has now turned the lawsuit into an issue of discrimination and declared that the board set him apart from the rest because of his marital status. The school board Chairman Rick Jansons says

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HR Employees Get More Protection Under Washington state Law than Under Federal Law… but not quite

Human resources employees are often responsible for advising the company’s executives of discriminatory practices in the workplace. Under Washington state law, those HR employees who are fired for just doing their jobs may have more protection than under federal law. Steven Lodis, the highest ranking HR officer at Corbis Holdings, Inc., became aware of complaints regarding the CEO’s comments about older workers being “out of touch”, “grandmotherly,” and “old-timers.” Mr.

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King County To Pay $1 Million For Sexual Harassment

Three King County female detectives have agreed to a $1 million settlement in their sexual harassment lawsuit against the Sheriff’s Office. According to a recent Seattle Times article, the three detectives work in the Special Assault Unit, a unit where one would expect a certain level of sensitivity. However, among the complaints in the lawsuit against the Sheriff’s Office are “rampant acts of sexual harassment,” verbal abuse, and years of

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Rights of Breastfeeding Mothers in the Oregon Workplace

New mothers in Oregon are eligible for up to 12 weeks of job-protected leave after the birth of a child, under the federal Family and Medical Leave Act (FMLA), and, depending on the circumstances, an additional 12 weeks of leave under the Oregon Family Leave Act (OFLA). The Oregon Health Authority reports that approximately 58 percent of employed new mothers go back to work after only 12 weeks. However, many

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Portland Businesses Adjust for New Law

The state of Oregon, and the city of Portland in particular, have been seen as one of the most pro-employee states in the country, with the second highest minimum wage and many liberal employee friendly laws. In 2013, Portland became one of only a handful of jurisdictions to approve an employment ordinance requiring employers to provide paid sick leave for employees. Seattle, D.C., San Francisco, and the state of Connecticut

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Victory for Oregon Employee in Domestic Partnership

Margaret Fonberg worked as a law clerk for the federal court system in Oregon. Fonberg and her same-sex partner could not legally marry in Oregon, but instead registered as domestic partners under the Oregon Family Fairness Act. The Act entitles registered domestic partners to all the same rights and responsibilities as married couples in the state of Oregon. In 2009, Fonberg attempted to cover her domestic partner under her employee

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An Overview of Minimum Wage for 2014

As discussed previously on this blog, minimum wage was a hot topic in 2013 and is expected to continue to be so in this New Year. In fact, the issue of raising the minimum wage at the federal level is expected to be a key issue in the 2014 midterm Congressional elections. Furthermore, Democrats in many states are pushing minimum wage legislation in an effort to win the votes of

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Man Wins Over $300,000 due to Workplace Harassment

Title VII of the Civil Rights Act of 1964 protects employees from discrimination and harassment based on their race, color, religion, sex and national origin. What many people may not realize, however, is that the law further protects employees from discrimination and harassment based on their relationship with someone who is in a protected class. Furthermore, the United States Constitution protects an individual’s fundamental right to maintain intimate human relationships

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Employee Suspended On His Last Day Over A YouTube Video

Who would think a YouTube video entitled “Thanks Safeway” could lead to troubles? It sounds like a positive, grateful and potentially boring video. However in this case it may not be any of those things, since it led to the posters suspension. The Video According to an NBCChicago.com story, Steve Yamamoto, a former employee of Dominick’s supermarket, posted his YouTube video the day before his store was due to close

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Temp Work May Be More Dangerous Than You Thought

The economy is slowly returning, but even though more jobs are being created and unemployment is dropping, there are still many seeking work that will allow them to support themselves and their families. A recent report on a Univision program looked at the situation, and often plight, of job seekers. The program looked at the large numbers of people, nearly 2.8 million at last count, applying with and working for

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Railroad Back On Track To Offer Health Benefits To Same-Sex Employees

In early December, the country’s largest rail carriers announced they would begin providing health benefits to their employees and their same-sex spouses starting January 1. This announcement was released even though the lawsuit, which was filed just one day earlier in Seattle’s District Court, is still ongoing. In the lawsuit, two employees of BNSF Railway Co. claim that despite Washington’s legalization of same-sex marriage over a year ago their spouses

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Tipping on Twitter

From online shopping to reviews directing customers to or away from a business, the internet and social media are becoming more important to businesses every day. Argo Tea, an international tea and coffee seller whose online store sells directly through Amazon, decided to take social media to a new level to the benefit of its employees. The Program During the month of December, from the 5th to the 24th, Argo

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Gender Gap Closing, But Is It Permanent?

Near the end of 2013 around the middle of December, a new study was released that showed positive signs for those worried about the gender gap in employment. KOMOnews.com reported on the study, its implications, and potential concerns. According to the study, gender equality efforts are making significant advances, but there is clearly a lot of work to be done. What is Progress? Interestingly, even though the study shows that

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"But during the recruitment and hiring process I was promised…"

Hopefully very few of us know the feeling of arriving for our first day on the job only to find that things at our new workplace are not exactly how we expected them to be. After all, we know what we were promised and this isn’t it! Why are we reporting to Bob when we were told we’d be reporting to Jim? Why are we working third shift when we

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Oregon Employees Lead Starbucks Class Action Suit

Three former Starbucks employees in Oregon recently filed a class action lawsuit in Oregon federal court against the coffee giant, claiming they made less than minimum wage because of the way the company dealt with tips on paystubs. According to the complaint, employees divide tips proportionally to the hours worked once per week. Like most tipped employees, the employees then have the option of reporting those tips back to the

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Will the US Supreme Court Clarify Whether Its Decision in Wal-Mart Stores, Inc. v. Dukes Applies to All Class Actions (Including Wage and Hour Class Actions)?

That’s certainly what the Retail Litigation Center (RLC) and a group of business associations are hoping. This group recently filed a “friend of the court” (amicus curiae) brief with the US Supreme Court urging the Court to hear an appeal of the Seventh Circuit’s decision in RBS Citizens, N.A. v. Ross. The group explained its rationale for filing the brief: “Because these business [represented by amici curiae] are frequently targeted

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Perception of Homosexuality is Not a Protected Class under Washington’s Law Against Discrimination (WLAD)

A recent case from Eastern Washington grappled with this interesting issue: whether a person can establish a claim of hostile work environment when he is harassed based on the perception that he is something that he is in fact not. In the case of Davis v. Fred’s Appliance, Inc., Division III of the Washington Court of Appeals considered the case of a former deliveryman who had been fired by his

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Did the Oregon Court of Appeals Just Make it Easier for Plaintiffs to Plead and Prove Common-Law Wrongful Discharge Claims?

Perhaps. Buried deep, deep, and we mean deep in a lengthy decision resolving a procedurally convoluted case, the Court seemed to open the door a bit for plaintiffs seeking to prove claims of common-law wrongful discharge. As we’ve previously discussed, one way to succeed on such a claim is for the plaintiff to prove, among other things, that he was discharged for fulfilling an important public duty. Prior to the

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Does not Lie Where Former Employee Reported Unlawful and Unethical Conduct by Independent Contractor Hired by Former Employer

In Oregon employment is generally “at will” meaning that either the employer or the employee can terminate the relationship for any reason so long as the reason is not unlawful. However, Oregon also recognizes a common-law wrongful discharge claim if an employee is fired for (1) fulfilling an important public or societal duty or (2) for exercising an employment-related right of important public interest. But in Lamson v. Crater Lake

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Think You Know if You Are an Employee or an Independent Contractor? Think Again.

In the employment law area a great deal can turn on whether an individual is legally considered an “employee” or an “independent contractor.” Generally speaking independent contractors have fewer rights and protections than do employees, which is why the question of what category a person falls into is so crucial. Now the funny thing about the law is that when a court issues an opinion a whole lot of things

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Will Portland’s City Council Follow Seattle’s Lead and Enact a Paid Sick Leave Ordinance?

Over five years ago San Francisco’s paid sick leave ordinance went into effect, which required employers to provide paid sick leave to all employees working within the city limits. Seattle recently followed San Francisco’s example and enacted its own paid sick leave ordinance. (In fact, Seattle’s ordinance went even further to require employers in Seattle to provide their employees with paid “safe time,” which can be used for time not

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Seattle’s New Sick and Safe Leave Ordinance – How Local Law Can Affect Employment

Whether people realize it or not a great deal of law affects their employment. There are laws affecting employment made by Congress at the federal level (e.g. Fair Labor Standards Act). There are laws affecting employment made by the Washington legislature at the state level (e.g. Washington Minimum Wage Act). And perhaps less well known there are laws affecting employment made by local government bodies, like the Seattle City Council.

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Does the fact that an employer declared bankruptcy excuse that employer from paying unpaid wages?

We all know it’s tough out there in the economy today. Just the other day we ran across a posting to a forum in which a very anxious fellow was asking how he could get money he’s owed from a former employer who’s now going through bankruptcy. Other forum members related similar stories about being told by former employers that because the company is in bankruptcy people can kiss those

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Oregon's Military Family Leave Act (OMFLA) – Still Not Interpreted by the Courts

Oregon enacted its Military Family Leave Act (OMFLA) in June 2009. OMFLA requires employers with 25 or more employees to provide up to 14 days of family leave per deployment to employees whose spouses are in the military when certain conditions are met. First, a “period of military conflict” must presently exist. Second, the employee must be employed for an average of at least 20 hours per week. Third, the

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Nurses Sue Hospitals for Unfair Employment

According to the Beckers Hospital Review, about 16,000 nurses in the state of Washington have filed lawsuits against four hospitals that don’t treat their employees with the respect that they need to. The lawsuits were filed through the Washington State Nurses Association. According to the paperwork, the hospitals would not provide nurses who worked there with adequate rest and meal breaks. They would often be pushed to continue working when

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Wal-Mart Employee Files Lawsuit for Employment Discrimination

Unfortunately in the workplace today, people are discriminated against for all sorts of reasons, whether this is because they are of a certain nationality, religion, weight, gender, etc. places of employment will find whatever reason to choose to not hire or promote a person. While it is never a pleasant experience to go through, any sort of discrimination in the work place is considered to be illegal here in the

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Was Your Job Title Reclassified?

A former employee from George Washington University filed a case in federal court on behalf of all employees who recently had their job titles reclassified. This means that the University recently admitted that their employees were covered but the Fair Labor Standards Act and that the employees were eligible for overtime pay. Because the jobs were reclassified, the workers are left with months of overtime payment that they have never

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Pay Raise Discrimination: Do you Have a Lawsuit?

Did you know that you may have the right to take legal action if you are being denied a pay-raise? This is a delicate situation, so don’t rush out and hire a lawyer the first time you are denied a requested raise. Yet there are times that withholding a raise can verge on the edge of discrimination, and may be illegal by state law. If you are a worker in

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Felon’s Rights Proposal Could Ban Discrimination in Seattle

If you have served a prison sentence for a felony, then you will probably have a difficult time securing a job in the future. Oftentimes employers will run background checks on employees. If they have the luxury to be picky, they will avoid people who have a criminal record in their past. There are certain things that a landlord cannot legally use against you when you interview. You cannot be

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What is a Qui Tam Claim?

The term qui tam originates from a Latin phrase that is translated “he who sues on behalf of the king and for himself.” Qui tam claims were first used in the 13th century, and are used today by a person who files suit against another individual or corporation for defrauding the United States Government. The fraud is usually a violation of the False Claims Act, or other similar local and

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Negotiating Your Severance Pay

If you have recently been terminated from your job or workplace, you may have been offered severance pay by your former employer. While many people think severance pay is a reward for their hard work, it is more often offered because an employer is seeking to protect the firm from legal actions you may take following your termination. If you agree to take severance pay, you may lose your ability

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Oregon Passes Law to Ban Job Ads Discriminating Against Unemployed Applicants

The Oregon House voted this last week to make it illegal to post a job advertisement discrimination against unemployed jobseekers. The proponents of this legislation say that job ads that exclude unemployed applicants is discouraging people who are struggling to make ends meet and find work in this tough economy. If the legislation passes, employers will still be able to choose to not hire unemployed workers, they simply can’t state

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FMLA Protection for Part-timers?

  This week the Indiana Supreme Court held that an employee filling multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service is sufficient to qualify – even if service in either position alone does not qualify. Tom Powell taught math at Lew Wallace High School in Gary, Indiana, since 1987. From 1987 to 1999, Powell served

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Jurors’ Use of the Web Causing Problems at Trial

  A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country.  A mistrial was recently declared in a major criminal drug trial in federal district court in Florida, after the judge learned that nine of the jurors had used their handheld devices to improperly conduct research on the case on the Internet.  In another case in Arkansas,

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Surge in Age Discrimination Claims

  The federal Equal Employment Opportunity Commission (“EEOC”) is set to release information shortly that will reveal a sharp rise in the number of age-discrimination claims filed with the agency.  According to the EEOC, the number of age-discrimination allegations made by employees has jumped 29%, from 19,103 complaints filed in 2007 to 24,600 in the most recent year ending on September 30, 2008.   The EEOC indicates that while there has

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Supreme Court Affirms Primacy of ERISA Plan Documents

  In a unanimous decision, the U.S. Supreme Court that an ERISA plan’s specific procedure for designating beneficiaries controls over other instruments that may conflict with it.  In the case, Kennedy v. Plan Administrator for the DuPont Savings & Investment Plan, an employee designated his wife as the beneficiary for his pension plan and his savings plan.  They later divorced.  The employee then executed a new beneficiary form for his

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CONGRESS NULLIFIES SUPREME COURT RULING BY EXTENDING TIME TO SUE FOR EQUAL PAY

  President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause.   Obama, choosing the Lilly Ledbetter Fair Pay Act as the first bill to sign as president, called it a “wonderful day” and declared that ending pay disparities between men and woman an issue not just for

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Supreme Court Ruling Protects Employees Against Retaliation For Assisting Internal Sexual Harassment Investigations

  An employee is protected from being fired in retaliation for answering questions during an employer’s investigation of suspected sexual harassment, the Supreme Court ruled on Monday, January 26, 2009. The unanimous court ruled the federal civil rights law’s anti-retaliation provision for employees who report workplace sex or race discrimination also extended to an internal investigation of a supervisor or another worker. “Nothing in the statute requires a freakish rule

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Court Hears Breach of Contract Case

  In Duncan v. Alaska USA Federal Credit Union, Inc., Division I of the Washington Court of Appeals reversed the lower court’s granting of summary judgment and ruled that genuine issues of material fact existed regarding Duncan’s breach of contract and wage claim statute claims.  Specifically, the Court held that Alaska’s employee handbook contained language that arguably limited Alaska’s ability to review and amend Duncan’s compensation plan to once a

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