Employment Law Blog | HKM Employment Attorneys

California Takes Legal Steps to Protect Undocumented Immigrants

While some support the gusto with which the Trump administration is targeting vast swaths of immigrants for deportation, California lawmakers have taken a stance in support of them. In addition to symbolic gestures, legal acts of some consequence are being undertaken. Worker Protection California’s Immigrant Protection Act (AB450) provides workers with strict protections from federal immigration authorities and levels fines of from $2-20,000 for violations of these protective provisions: Non-public

Duty of Fair Representation

Case law placed an onus upon labor unions that is known as the Duty of Fair Representation. The Duty of Fair Representation originated in the 1944 United States Supreme Court case of Steele v. Louisville & Nashville Railroad, wherein a black employee sought to set aside a bargain-for-seniority system that discriminated based on race. The Supreme Court ruled that the Railway Labor Act implicity imposed a duty upon the union

United Farmworkers Union Wins Over Fruit Farm in California

Organized farm labor took on Gerawan Farming in a legal battle over labor contracts, and won. A huge fruit farm conglomerate that produces fruit across the United States, Gerawan fought for the right to create a labor contract that the farmworkers’ union opposed. Previous court rulings dating back to 2002 mandated that California could intervene to determine wages and working conditions when disputes arose, and the California Supreme Court upheld

Sick Leave Laws in Oregon

In Oregon, employers have to offer a sick leave rate of one hour for each 30 hours worked. Employees are capable of earning up to 40 hours of time in a year. An employer with between six and 10 employees is considered a small business employer, and their employees may be subject to different sick leave rules. Overtime hours worked are also considered as worked time. Employees working on exempted

Reporting Salary History in Oregon (HB 2005)

Equal pay has become a hot topic for all lawmakers across the USA. Now, it is Oregon with HB 2500 equal pay legislation that ensures that every person gets equal pay for equal work. One of the rules they have put in place is that employers cannot check previous salary or ask about it during the interview. This is meant to prevent employers from paying new workers less than what

Citizenship Discrimination

During the tumultuous decade of the 1960s, Congress passed landmark legislation known as the Civil Rights Act of 1964, or the Act. Specifically, Title VII of the Act prohibits workplace discrimination based on race, religion, color, sex, and national origin. (There is currently a push to include sexual orientation discrimination as a Title VII violation.) While Title VII prohibits discrimination based on national origin, it does not prohibit discrimination based

Boulder Colorado Company Facing Wrongful Termination Suit Closes

In January of 2014, the state of Colorado legalized recreational marijuana sales, approving over 100 seller license applications. By 2016, information obtained by the Colorado Department of Revenue revealed that the legal marijuana industry was bringing in over $1 billion annually. Numerous companies sought to profit from the growing industry and startup business Tradiv decided that bringing marijuana to online marketplaces was the next step in expanding the now legal

Labor Enforcement

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

When Discriminatory Behavior Produces a Hostile Workplace

Fans of television shows like The Office May think they know a thing or two about a dysfunctional workplace, but countless professionals experience real hardship amid their daily business endeavors. Unfortunately, the costs of said hardship often include far worse than quirky pranks and misunderstandings. Nevertheless, that which qualifies as a hostile work environment depends on the extent to which one is subject to discrimination and whether that discrimination makes

Colorado Baker Case Could Impact Employment Discrimination Cases

The Denver, Colorado bakery Masterpiece Cakeshop made headlines in July of 2012 after the store’s owner, Jack Phillips, refused to accommodate an order placed by a same sex couple. Phillips made his decision based on his belief that providing a cake for a same sex wedding reception would go against the doctrine of his religion. The incident set off a series of events that ultimately led to years of litigation

California Company Sued for Sexual Harassment

You can not turn on the news these days without hearing about new claims of sexual harassment. Most of the time, these claims involve well-known Hollywood figures like Harvey Weinstein and Louis C.K., political power players like Al Franken and Roy Moore, and even newsmen like Charlie Rose and Matt Lauer. The fact of the matter is that sexual harassment occurs in all kinds of situations that do not involve

The OregonSaves Program

Most state governments plan to launch state-sponsored retirement saving programs. They are doing this in response to the retirement crisis. Currently, Oregon and Illinois are the leading states. They launched a retirement savings plan in July 2017 and June 2017, respectively. Therefore, employees in Oregon have a new and easy way to save for their retirement at work. According to the Oregon Treasury, one million employees are likely to benefit

How Nevada Employees Should Handle Wrongful Termination

Losing one’s job is never easy, but it is a fact of life in every economy—Nevada’s included. The unpredictability and consequence associated with job loss can be extremely detrimental to one’s welfare and future. In addition to pursuing a new line of work, one must of course deal with bills continuing to pile up in the meantime. Whether you may be a young professional or otherwise supporting a family, those

Lawsuit Against Colorado Based Company Sparks Discussion About Multiple Discrimination

Workplace discrimination is something that most adults are familiar with through direct experience or word of mouth. Unfortunately, the reality of multiple discrimination types affecting one person is not often discussed. Multiple discrimination in the workplace occurs when an employee is harassed or mistreated because he or she is a member of more than one protected group. Cherry Creek Mortgage, a Colorado-based lender, found themselves in the middle of a

Your Right to a Jury Trial in California Legal Civil Cases: Grafton Partners LP v PrincewaterhouseCoopers LLP

If you have signed an agreement giving up the right to a jury trial in order to secure a contract, do you have grounds to change your mind? What if, once the work begins, you find the other party to be negligent or otherwise unsuitable as a contractual partner? You have signed a legal document, but you really want a jury of your peers to hear the evidence behind your

Benefits of Labor Organizations in the Healthcare Sector in Oregon

Health care workers are closely following the recent changes made by lawmakers. In August of 2017, Oregon legislature passed two radical bills. One focuses on restricting the abusive labor practices by employers. It prevents the passing of the “right to work” anti-union laws by local authorities. The lawmakers also passed a bill taxing health care providers. This is to compensate for the Medicaid fund reduction. The industry has expected this

Nevada Whistleblowers Should Not be Afraid to do the Right Thing

Registered nurse and former clinical manager Joanne Cretney-Tsosie filed a lawsuit against Nevada-based Creekside Hospice several years ago in a bid to expose fraudulent practices pertaining to patient admission and eligibility, issues impacting the submission of reimbursement claims to Medicare. The case was settled this summer to the tune of $53 million, implicating conglomerate Genesis Healthcare. In this instance, and eventually with the government’s help, illegal practices were exposed and

H2-A Program

Last month saw the end of an unusual labor strike in the apple orchards of Central Washington. 17 workers from Mexico decided to strike against their employer in the apple industry, leading to face-to-face negotiations and an eventual agreement, which brought the striking workers back to work. With negotiating help from the Northwest Farmworker Union, or Familias Unidas por la Justia, the workers bargained for what they termed as primarily

California Cities Sue Fossil Fuel Companies for Climate Change

Billions of dollars is what experts project California will be on the hook for due to climate change in the coming century if companies responsible for contributing to it do not kick in their fair share. Projections for sea level changes could be disastrous for coastal properties and infrastructure in California. Estimates of two- to three-foot rises in seal levels could result in $8-$10 billion of coastal land becoming submerged

Highland Ranch Private School Faces Discrimination Lawsuit

After the number of reported gender and race related complaints fell to an all-time low in 2006, the claims of discrimination are increasing yet again. The serious problem of employment-related discrimination has recently touched the community of Highlands Ranch, Colorado after disturbing allegations were revealed in a lawsuit. The former principal of Merryhill School shocked parents and school staff by filing a discrimination lawsuit in the United States District Court

Major Nevada Discrimination Case Does Not Go Delta’s Way

Based on the verdict rendered by a Nevada Federal Jury, Delta Air Lines now finds itself paying the price for employment discrimination due to a lawsuit filed under the Americans With Disabilities Act. The unnamed plaintiff will be awarded $1.3 million that includes punitive damages on account of the original claim that Delta failed to render proper accommodation to an HIV-positive employee and later terminating said employee after a related

Unions

A recent poll by PwC Consultants provides interesting data about those who shop on Black Friday. In 2015, the poll found that 59% of those responding stated that they would be going out to shop on Black Friday. In contrast, a poll this year finds that only 35% will be out shopping. These numbers represent an explosive increase in Black Friday online shopping. With the ever-growing global marketplace fueled by

Good Faith

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

Employer Neutrality Questioned in Harassment Claims

The recent revelations that rocked the entertainment industry have led to the exposure of a culture of harassment in workplaces throughout Colorado. When women around the world shared stories of harassment and sexual assault using the #MeToo, residents of Colorado learned of misconduct within the state government. After the initial accusations were made, some questioned the lack of harassment claims filed since so many in the Capital seemed to be

Oregon Laws on Racial Discrimination at Work: Cascade Management Breaks Rules

Oregon has a history of problems with race relations. Therefore, a number of laws and provisions were enacted in order to ensure that workers would no longer be subjected to racism and discrimination at work. The Cascade Management case demonstrates some of the tensions that still exist in the workplace today in Oregon. Recently a property management company called Cascade was found guilty of creating a hostile workplace environment for

Denver Company at the Center of Transgender Discrimination Lawsuit

A&E Tire and Auto Repair recently found itself embroiled in a discrimination lawsuit after being accused of refusing to hire a transgender man. With five locations throughout Colorado, the automotive and tire company was previously known only for providing quality services for reasonable prices. Since the news of the United States Equal Employment Opportunity Commission’s (EEOC) decision to file a lawsuit was announced in a press release, A&E Tire is

Legitimate Business or Pyramid Scheme?

An abrupt policy change at LuLaRoe was one factor that led employees to file a class-action suit against their employer. In addition to shady business practices in general, the suit alleges that LuLaRoe is no more than a pyramid scheme. Details of the Case LuLaRoe is a direct sales clothing trademark whose sales people claim that they were deceived when the return policy for inventory changed without notice. Originally, employees

Collective Bargaining Agreements

Fans of professional sports teams have no doubt heard the phrase “collective bargaining” with respect to union contracts negotiated on behalf of the players. The purpose of collective bargaining is to come to a collective bargaining agreement, also known as a CBA. CBAs typically contain certain clauses, which have long been recognized by courts as the proper and effective way to negotiate a contract between a union and an employer.

How to Know if Employment Discrimination is Impacting You

Whether you are an employee or an independent contractor, it is important that you understand your rights under the law, particularly when it comes to discrimination. That is a lesson that ride service Uber is still learning as three of its engineers file a lawsuit alleging sex and race-based discrimination under the federal Equal Pay Act, a law that Nevada employers must follow as well. As recently reported by CNN

What Nevada Medical Marijuana Users Should Know About Their Employers

Federal law remains unkind to those inclined to use marijuana for any reason, but many states, including Nevada, have taken a slightly different approach. That may create some confusion for employers and employees alike. If you work in Nevada and wish to use marijuana for medical purposes, are you allowed to do so? While engaging in marijuana use while you are actually at work is generally a pretty bad idea,

Pregnant Colorado Attorney Files Lawsuit After Wrongful Termination

In spite of multiple federal laws and discrimination acts created specifically to protect pregnant women, discrimination and wrongful termination associated with pregnancy are on the rise. A study conducted by Citizens Advice found that pregnancy and maternity workplace discrimination has risen by 25%. Other pregnancy discrimination advocates believe the percentage is even higher, and the Equal Employment Opportunity Commission (EEOC) receives thousands of complaints each year. One of the most

Initiative 1433

The Evergreen State has long been aggressive in pursuing a robust minimum wage. Whether the reason is fairness to workers, a living wage, or the idea of stimulating economic activity from the bottom, the legislature has continually pushed to provide a minimum wage that exceeds national standards. In November of 2016, the voters displayed their eagerness for increasing the minimum wage when they passed Initiative 1433, or I-1433. In addition

California Sues Trump Administration: Claims Plan to End DACA is Unconstitutional

Will Californians feel the impact of disruptions to the DACA program? Attorney General Xavier Becerra believes they will, and is leading California’s legal challenge against the Trump administration, arguing that the state’s economy will be severely impacted when the over 200,000 young DACA residents, or Dreamers, are left unprotected. The lack of due process in the current administration’s rules will leave California with the lion’s share of disaffected Dreamers. A

Oregon Laws on Sexual Harassment at Work

The laws regarding sexual harassment have implications for many people who may not even be aware of their existence. For example, they can have serious consequences for the victim, perpetrator, and even the employer. Employers may be called upon to protect their workers. There are certain key issues of which all parties must be aware. We will demonstrate this with a series of recent cases. The Oregon Wildlife Agency Deals

Probation and Unemployment Insurance

Many employers structure employment contracts with employees by first having a probationary period, which is often 90 days. The employer tells the prospective employee that the purpose is to determine whether the employee is a right fit for the company. That is to say, the employer explains that the probationary period provides both the parties with the knowledge as to whether the employee, who may have done well in the

New Nevada Pregnancy Law Now in Effect: What Employees Should Know

A new Nevada pregnancy law is about to make a significant impact on how employers do business internally. What, however, does that mean for employees themselves? If you are an employee who is pregnant or may become pregnant, there are a few things you should know about your new rights and what it means to exercise them. There are indeed some responsibilities on your end, particularly if you wish to

Public Sector Strikes

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

Crop Production Services Accused of Hiring Discrimination

The state of Colorado has found itself in the middle of multiple immigration-related protests and lawsuits. Just one month ago Governor John Hickenlooper announced that Colorado would join 15 other states in the filing of a lawsuit challenging a federal government plan to end protections that prevent young immigrants from being deported. In the middle of the volatile situation, one Colorado company finds itself facing accusations of citizenship-related discrimination. However,

California Gender Discrimination Leads to Lawsuits

Tech giant Oracle is facing legal action based on claims it has systematically paid women less than men for comparable jobs. The suit claims that the company knew, or should have known, that this discriminatory practice was rampant and that thousands of women have been unfairly under compensated over a period of years. If your employer is engaging in similar practices, the experienced attorneys at HKM may be able to

California Employers Struggle to Get the Policies Right

Does your employer require you to use your personal cell phone, tablet, laptop, or other device to do your job? BYOD—Bring Your Own Device—is the latest movement that has overtaken the workplace. It has benefits for both employees and employers, but some California employers have found that taking advantage of their workers’ willingness to BYOD may have legal consequences. If you find yourself in a similar situation, you may wish

Hertz Lawsuits Draws Attention to Ongoing Disability Discrimination Problems

In 1990 the Americans with Disabilities Act (ADA) was passed to protect individuals who are qualified for employment from being discriminated against based on a disability by current or prospective employers. Even though the act has been in place for almost three decades, disability discrimination is still an issue that employees deal with on a daily basis. The Hertz Corporation has recently made headlines after a manager at the company’s

Employees Should be Informed on Possible Wage Revisions

Northern Nevada Business Weekly recently reported that local employers must remain on alert for the extent to which wage-based regulations may be subject to federal revision and impact their management practices as a result. In particular, there may be a revision of current policy involving tip-pooling and businesses that would distribute said pool to employees that otherwise do not receive tips (e.g. a cook). With laws subject to change, employers

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