Employment Law Blog | HKM Employment Attorneys

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

Redress Options for Hourly Workers in Oregon Who are Underpaid and Overworked

There are certain professions in Oregon that are often the victims of unequal pay, low pay, and over work. The current provisions in the law are technically sufficient, but they may not be able to change the attitudes and practices of employers. Some employers are good at identifying any loopholes and then exploiting them. That is why it is important for people within these professions or positions to have lawyers

Why Hourly Contracts are a Headache for Employers in Oregon

For both large and small business owners, following employment law is a necessity if you want to stay in business and stay away from the steep fines you can face. This is easier said than done in certain areas where the laws are tighter and work more regulated. Oregon is one of these, making it a perfect place to work for employees, but making life more difficult for the employers.

Nevada Sex Discrimination Suit a Reminder of Employees’ Rights

While most companies generally understand the importance of treating workers fairly, they do not always get it right. Whether due to malice, legal confusion or the ineffectiveness of standard policies and procedures, employers sometimes run afoul of the law when it comes to protecting the rights and interests of their employees in an equitable fashion. A recent Nevada lawsuit pertaining to sex-based discrimination serves as only the latest evidence that

California Wage and Labor Violations

Are you a California worker who is required to be on call for various shifts? Does it irk you to know that you cannot do the things you would normally be doing because you may have to hustle into work if somebody calls in sick at the last minute, or if there is an unexpected need for you for any other reason? Surely, at least you are paid to be

Whistleblower at the Center of CenturyLink Class Action Lawsuit

In January of 2017, the Denver Better Business Bureau issued a warning to CenturyLink, the third largest telecommunication company in the United States, regarding the company’s advertising claims and sales practices. The warning was issued after an investigation was initiated in September of 2016 in response to thousands of complaints filed by consumers. Initially, the telecommunication giant cited the company’s recent acquisitions and growth as the reason the company received

Right-to-Work Laws

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

Nevada Senate Sexual Harassment Investigation and What Every Employer Should Know

Recent news pertaining to a former state senator has put the question of sexual harassment front and center in Nevada politics, serving as a valuable reminder for employers who must confront the issue, as well. Recent reports indicate that investigation of now-resigned Sen. Mark Manendo has cost the state between $65,000 and $70,000, according to the Nevada Appeal and Las Vegas Review-Journal. While details were released amid requests by the

State and Federal Rights of Pregnant Women and New Parents

If you are a California woman who has concerns about starting a family because of possible implications for your career, you are not alone. Women frequently fear that they will not be allowed to compete in the workplace due to pregnancy and the responsibilities of raising a family. The truth is, women are guaranteed protections in America so that in this day and age, they do not have to choose

Common Non-Compete Agreement Mistakes

Business owners who have spent years developing a competitive formula that makes their company highly competitive may worry about former employees starting their own businesses using stolen business methods. Having employees sign a non-compete agreement prior to working with a business is one way employers protect their secrets and reduce future problems that may be caused by competition. Unfortunately, many companies do not realize that common non-compete agreement mistakes could

The Oregon Labor Law on Termination with Discharge

Employees who are first terminated from their jobs may be in such a panic that they do not consider the important question as to whether that termination was actually lawful and legitimate. The termination is a formal process that brings about certain obligations on both the employer and employee. One of the more complex parts of the law is that which relates to a termination with a discharge. Oregon has

How to Prosecute Oregon Employers that Break Employment Law

The employment law in Oregon is largely a reactive response to the problems that have been encountered in the conduct of the employer-employee relationship. Some employers in Oregon engage in what is tantamount to wage theft. In this case, the employee has to take advantage of some of the avenues for recouping their wages that are available to them. The Oregon labor law specifically allows for securing backdated wages that

The Role of the Employment Tribunal in Oregon

The tribunal is really a word that is closely associated with the law in England and Wales. The equivalent in Oregon is that of a constituted court of law that deals with employment disputes. Nowhere is this more important than in lawsuits that involve some aspect of discrimination. The courts will be examining personal information about both the defendant and plaintiff. Some of the information that is being discussed in

What a Hostile Workplace May Mean for Your Nevada Business

Tech giant Google recently made headlines after firing an employee who distributed a controversial memo regarding the company’s diversity-based programs and the extent to which it potentially created a sub-optimal corporate culture. Was the company’s decision just a matter of sour grapes? Not according to Google. Known for its seemingly omnipresent search engine, the corporation rather argued that the employee, James Damore, had contributed to a hostile working environment for

Kneeling During the National Anthem

Over the last few days, there has been much discussion about NFL players kneeling during the singing of the National Anthem. The local papers provided pictures of Seattle Seahawks players taking a knee to protest social injustice, particularly regarding police relations with the African-American community. Prior to the Monday Night Football game between the Dallas Cowboys and Arizona Cardinals, the entire Cowboy team, including owner Jerry Jones, kneeled during the

What Discrimination Law Means to Your Business

As most companies know, any sound workplace must remain a safe and welcoming environment for employees. In addition to facilitating productivity and a more efficient outcome, these kind of editions are essential to protecting the legal rights of workers and assuring that business in general remains on the right side of the law. There is no shortcut when it comes to treating employees fairly. That is especially true when it

The Railway Labor Act

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

Union Reporting

Employment law, like other areas of law, evolves based on reaction to circumstances. Some of these reactionary measures are employer-focused while other measures are labor-focused. One such reactionary measure as part of the labor law rubric is the Labor Management Reporting and Disclosure Act of 1959, or the LMRDA. In the 1950s, Congress scrutinized labor movements in general and unions in particular. At the time, the United States felt the

Workplace Abuse

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

California Whistleblower Protections

Do you question the scruples of your employer? Are you suspicious that certain policies and/or actions may break state or federal laws? Are shady practices cheating competitors or other organizations out of their fair profits? If so, are you considering blowing the whistle? Such action comes with certain dangers. Some employers do not take kindly to reports revealing their unprincipled practices, but you should know that both state and federal

Knowing the Rights of Your Nevada Employees

While your company is itself subject to legal protections, there is still no doubt that it must conscientiously navigate the rights of its employees and of those prospective hires that may soon be. So long as your business acknowledges those rights appropriately, it will have remained on the right side of important laws and be less likely to face potentially costly disputes down the road. Consultation with an attorney may

Common Employer FMLA Mistakes

The Family and Medical Leave Act (FMLA) is a program that allows employees an opportunity to take unpaid leave to care for family related responsibilities. Employees who utilize FMLA are able to balance their personal emergencies and employment knowing that their jobs are protected for qualifying absences. An employee must meet certain criteria regarding length of time worked for the employer and the basic provisions are administered by the Wage

Exceptions to Arbitration Agreements

As a condition of employment, were you asked to sign an arbitration agreement? If so, recent court cases related to California’s Private Attorneys General Act (PAGA) may be of interest to you. Consulting with a good employment attorney may be a worthwhile investment for you at this point. How Does Arbitration Work? Companies and individuals who sign on to arbitration agreements essentially decide to settle any disputes with the use

Oregon Law Impacting Overtime Limits for Manufacturers

Oregon has been at the forefront of reforming the law that relates to the rights of workers as well as the ways in which they are compensated for their work. These laws have an impact on manufacturers as they are implemented. One of the areas that has been of key interest is that of overtime. The state has laws that specify what an employer can and cannot do when it

Age Discrimination is Not to be Tolerated

Are you immensely qualified, yet unable to obtain a job in your field? If so, you are not alone. Systems Engineer Cheryl Fillekes claims that Google refused to hire her despite her impressive qualifications. Why? Cheryl is 47 years old. She is now part of a class action suit involving close to 300 people claiming discrimination on the basis of age. Google denies the claim, but the court saw fit

What Your New Nevada Business Should Know About Employment Law

New businesses often have an exceptional grasp of their industry and marketplace in general, but a new business owner should familiarize him or herself with pertinent laws, too. Companies opening up shop in Nevada are no exception. Unless you happen to be an already-large corporation with an in-house legal team, consulting with a local attorney can be an important step in the right direction early into your planning process. An

The Connection Between Discrimination and Wrongful Termination

Losing a job for reasons that contradict company policy while violating Federal law creates a scenario allowing the former employee to fight for reinstatement. Unfortunately, the personal, professional, and financial difficulties caused by a sudden termination sometimes lead to a situation where the affected party does not pursue a wrongful termination case. This is especially true if the work life of the former employee was made difficult because of various

When Employment Discrimination Goes Viral

In the past accusations of discrimination at the workplace only became public knowledge if a major news outlet decided to cover the story. The rise of social media has changed that by giving every individual an opportunity to share his or her experience with millions of people worldwide. When former Versace employee Christopher Shapiro’s allegations of racial profiling and racial discrimination by a manager went viral, the internationally famous brand

National Labor Relations Act

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

Social Media and Your Rights as an Employee

The number of adults in the United States with an active social media presence has grown steadily over the last few years. In 2008, approximately 24% of the population used social media while today at least 81% of the population utilizes social media. As the number of people who use social media daily grows, more employees are finding themselves in the unique position of having their professional lives impacted by

Washington is an At-Will Employment State

Let’s imagine that an employee makes a mistake. A few days later, the employee makes the same mistake again. The supervisor calls the employee into her office and warns her that making the same mistake constantly can cause serious problems for the company. The supervisor tells the employee to double check her work before submitting it. A few weeks later, the employee makes the same mistake again. This compels the

Wage and Hour Laws in Oregon

Current Oregon employment laws ensure that people are paid for the hours that they have worked. These provisions are in line with the Washington Minimum Wage Act, or MWA, which sets out the key forms and procedures required in order for employers to remain compliant with the law. Furthermore, the provisions are in line with the requirements of the Fair Labor Standards Act, or FLSA. Specifically, there are three categories

Oregon Predictive Scheduling Laws for Service Industry Workers

Oregon joins Seattle, San Francisco, California, Emeryville, and New York City in developing a predictive scheduling law as an addition to its minimum wage rules. The provisions of instrument number S.B. 828 will start to take full effect on the 1st of July, 2018. The provisions are meant to regulate the way in which employers schedule time and pay for workers within the hospitality, food, and retail industries. The rules

California Rules Regarding 14 and 15 Year-Old Employees

Are 14-and 15-year olds legally allowed to work in California? The short answer is yes. However, there are strict federal regulations governing their hours and the types of jobs they are allowed to do. If you are a parent of a teen who wishes to make a few buck of his or her own money, you should be aware of the laws guiding minor employment. If you feel your child’s

Nevada Bill Outlines Obligations to Employees Affected by Domestic Violence

Beginning in 2018, Nevada employees subject to domestic violence, whether experienced personally or amid household, will be entitled to accommodation from their employers. Specifically, Senate Bill 361 requires that those impacted by domestic violence be afforded leave on account of those circumstances. It also prohibits any kind of discrimination against said employees. Governor Brian Sandoval signed the act into law earlier this year. Given the expansive interpretation of domestic violence

Labor Management Relations Act

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

California’s Mandatory Rest Breaks

Are workers required to have periodic breaks during the workday? Ask Elon Musk, CEO of SpaceX in Hawthorne, California. When workers were denied breaks every four hours, as required by California law, and also were not compensated for working during those required breaks, they went to the courts for a remedy. $4 million dollars later, the issue is settled, and Musk presumably understands his obligation to workers. This 2017 case

Are You Trapped in a Hostile Work Environment?

Hostility in the workplace is often overlooked and underreported because employees do not always recognize that they are working in a hostile environment. The legal criteria that needs to be met in order to classify a workplace as hostile is not widely known, discouraging the average person from reporting possible problems. No adult wants to place his or her career at risk by complaining about incidents that were not actually

Sexual Harassment in the Workplace

Sexual harassment can make a workplace more than a little uncomfortable, whether the offending behaviors are directed at you, personally, or at another individual or group. If you feel the environment at your place of work is unhealthy due to sexually offensive comments, jokes, emails, or gestures, or if you feel your advancement is directly connected to sexual behaviors, the experienced employment law team at HKM can help. What is

Workplace Retaliation

Let’s say you are aware of a workplace hazard that causes you serious concern. You have mentioned it to your boss, but nothing happens to alleviate the problem. What choice do you have now but to go outside the company to report it to the Occupational Safety and Health Administration (OSHA)? Reluctantly, you file the report, hoping that an inspection will ensue. What comes your way now is utterly unexpected:

What You Need to Know About Colorado’s Pregnant Workers Fairness Act

The state of Colorado has provided anti-discrimination protection to those seeking employment since the 1964 Federal Civil Rights Act was implemented. However, pregnant women were not included in the protections that Colorado state law established. In June of 2016, the Governor of Colorado signed a new law that became effective on August 10, 2016 protecting pregnant workers from discrimination. Understanding Colorado’s Pregnant Workers Fairness Act can help employees remain aware

Origins of Unions and Employment Law

Unions are something that most Americans have heard about. In the past, the media covered unions like the Major League Baseball Players Union. During the Great Recession and the auto bankruptcies, there was much coverage of the Auto Workers Union. The airlines consistently negotiate with unions representing pilots and mechanics. Unions are nothing new on the American landscape. Origin of Unions Organized unionizing dates back to 18th century Europe during

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