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
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
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
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
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
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
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
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
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
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
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
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,
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
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
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.
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
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
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
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
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
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
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
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
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,
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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.
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
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
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
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
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
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.
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
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,
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
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
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
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 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
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
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
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.
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,
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
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
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
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
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.
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
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
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
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.
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
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).
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
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
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
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
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
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
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
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
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
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.
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.
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
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
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
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,
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
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
With the Obama administration set to take office, the most significant change in employment law on the horizon is the Employee Free Choice Act (EFCA), a bill that passed in the House of Representatives in 2007 but was filibustered in the Senate. The EFCA would make it possible to
On September 25, 2008, new federal legislation was signed that expands the scope of the Americans with Disabilities Act. Known as the ADA Amendments Act of 2008 (the “ADAAA”), the amendments reverse or nullify several Supreme Court rulings that significantly narrowed the scope of protection under the ADA. The
Have you ever been frustrated by the length of time it takes for your computer to boot up? In light of recent lawsuits, some employers may be, as well. According to an article in the National Law Journal there has been a recent surge in litigation over whether employees
In view of the rapidly deteriorating economy, a brief primer on unemployment benefits seems timely. Unemployment insurance provides partial wage replacement to unemployed workers while they look for new work. Unemployment insurance is administered by each of the fifty states, but is governed by federal guidelines. Generally, benefits are based
The EEOC’s update to its guidance entitled “The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities” makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must be able to perform the essential functions of the
A new law quietly passed as part of the recent economic bailout package that requires insurance coverage to be equal for mental and physical illnesses. Health plans commonly provide less, or different, coverage for mental illness and addiction disorders than for physical illnesses. In particular, health plans have regularly
There has been a great deal of discussion recently on the need to address the widely-perceived problem of executive overcompensation. The recent financial meltdown on Wall Street has intensified this discussion. The federal government recently indicated that banks that accept cash infusions as part of the current financial bailout
A Seattle area contractor to Alaska Airlines recently settled a whistleblower case related to airline safety concerns for $30 thousand. American Power, based in Auburn, WA, settled with a former employee who was laid off after accusing the company of ignoring federal air safety standards. The plaintiff, Melodee Nixon,
With his father looking on, President George W. Bush today signed into law a bill expanding protection under the Americans With Disabilities Act. The ADA was originally signed into law by the first President Bush in 1990, and he considered the law one of his proudest accomplishments. In a
Legal decisions issued by the federal courts, and particularly the U.S. Supreme Court, frequently have a political dimension. With each election, one or both major political parties frequently invoke such cases for political purposes. In this election cycle, one case that appears to be getting significant attention is the
A former prosecutor for Pierce County, Washington was awarded over $3 million last week, after a jury found that she had been wrongfully terminated in January 2004. The prosecutor, Barbara Corey, was a 20-year veteran of the prosecutor’s office. After she announced that she might run for county prosecutor,
In a recent Six Circuit case, the employer-appellant’s contention that the Family Medical Leave Act does not prohibit retaliation against an employee who takes FMLA leave was rejected by the court. Plaintiff-Appellee Martha Bryant prevailed in a jury trial on her claim that Defendant-Appellant Dollar General Corporation (“Dollar General”)
VERDICTS IN FAVOR OF EMPLOYEES A jury in Ohio awarded a whopping $47 million to an employee in an age discrimination case. The employee alleged that he was fired after he refused to fire three older workers because of concerns about age discrimination and disability discrimination. The verdict included
Washington’s public lands commissioner, Doug Sutherland, is in political hot water after documents recently surfaced showing that he inappropriately touched a new female employee in his own department. Public records show that in January 2005, Sutherland touched the young woman’s back and made comments that she and at least one
The Washington State Department of Corrections has been sued by the U.S. Department of Labor for widespread violations of the Fair Labor Standards Act. According to published reports, the damages in the case will likely be millions of dollars. After a three-year investigation, the Department of Labor believes that the
Longview Fibre has agreed to settle a charge of disability discrimination for $175,000 according the EEOC. An article about the case appears here. According to published reports, the company rescinded a job offer made to the claimant, Scott Harshbarger, after he suffered a spinal injury that required pain medication, even
The Washington Department of Labor and Industries has adopted new rules for employees who work outdoors. The rules take effect on July 5 and are designed to address health hazards created by working outdoors in hot weather. According to the Department, three workers have died in the past three years from
Below are some recent reported verdicts in employment law cases. Verdicts in Favor of Employees Three white police officers were awarded a $10 million verdict against the City of Philadelphia in a retaliation case. The officers alleged that they were retaliated against after the broke the “blue code of silence” and spoke
Internet technology now makes it possible to interview an employee “in-person” anywhere in the world. The benefit to employers is obvious. No longer do employers need to pay expensive travel expenses to facilitate an in-person interview. At the same time, by viewing a candidate on video, the employer can readily
An employment law issue generated controversy yesterday at a company’s annual shareholder meeting in Seattle. The company is Expeditors International, a Fortune 500 global logistics company based in Seattle. It trades in the NASDAQ 100 and generates $5 billion in annual revenue. A shareholder proposal requested adoption of a
How do you turn a run-of-the-mill termination for poor performance into an $800,000 liability? We find the answer in the Sears Roebuck catalog. Former Sears employee Gunnar Steward sued for age discrimination after his termination for performance reasons. The facts of the case are relatively unremarkable. In fact, the evidence
The U.S. Supreme Court yesterday heard oral argument in the MetLife v. Glenn case. This is an important case that could affect all future lawsuits to collect benefits under an employee benefit plan. Where an employee benefits lawsuit is governed by ERISA, the lawyers in nearly every case argue over
We reported on the decision by the 7th Circuit Court of Appeals in Dewitt v. Proctor Hospital in which the court allowed a claim by a plaintiff who contended that she was fired because of her husband’s high medical bills. In a similar case decided this week, the 8th Circuit
Here is an article about an interesting case filed recently in the United States District Court for the Western District of Washington. A counselor for a mental health agency alleges he was fired because of testimony he gave on the witness stand in a domestic violence case. A copy of
Boeing this week added itself to the list of companies that are phasing out defined benefit pension plans. In negotiations with its unions, Boeing is proposing that all new employees be enrolled in a 401(k) type plan supplemented with contributions by Boeing. The proposal is not surprising. Many companies are
Candace Wahl worked for a few months as a dental assistant in a small dental clinic. A dentist who co-owned the clinic commented about her breasts and the bodies of other employees and female patients, made sexual explicit comments about his sex life, and at one point allegedly masturbated while
A recent published decision by the Washington Court of Appeals, Kitsap County v. Smith, raises interesting questions under the Washington Privacy Act: Can conversations with or among public employees be considered “private”? Under RCW 9.73.030, it is unlawful to record “private” conversations without obtaining consent of all persons engaged in
Substitute House Bill 2602 became effective April 1, 2008. The new leave law in Washington State permits victims of domestic violence, sexual assault, or stalking to take reasonable leave, including intermittent leave, for counseling, medical care, and for legal and law enforcement matters. The employee is permitted to choose vacation,
Effective June 12, 2008, military families in Washington will have new leave rights under legislation passed by the legislature and signed by Governor Gregoire. During periods of military conflict, employees can take up to up to 15 days of unpaid leave before their spouse is deployed or while their
There was an article about an interesting age discrimination case against the University of Washington. The case was filed by Warren Guntheroth, an 80 year old doctor at the UW Medical Center. In 2004, the UW paid $35 million for overbilling Medicare and Medicaid. At the time, Guntheroth blamed the
Recent court cases have highlighted the thorny issues that arise when a benefit plan enforces its subrogation rights or seeks reimbursement of overpaid employee benefits. Plan administrators have faced uncertainty about subrogation and reimbursement claims in the wake of the Supreme Court rulings in Sereboff v. Mid Atlantic Medical Services,
Trev Kiser was the women’s basketball coach at Clark College in Vancouver, Washington. Kisar complained to school officials about a pattern of inequality between the men’s and women’s basketball programs, such as in the quality of the officiating assigned to women’s games, the team budgets, and travel accommodations, and that
A criminal case filed in King County Superior Court demonstrates the consequences faced by an employee who takes company documents without permission. Gerald Eastman, an 18-year employee and former quality assurance inspector for Boeing, is on trial facing 16 felony counts of “computer trespass.” According to published reports, in 2002,
A recent case in the 6th Circuit Court of Appeals demonstrates how discretionary decision-making can lead to employment discrimination claims. David Dunlap sued his employer for race discrimination under Title VII of the Civil Rights Act of 1964. Dunlap had 20 years of experience as a boilermaker and boilermaker foreman.
C.R. Wright of Fisher & Phillips LLP recently posted on Fair Labor Standards Act litigation in retail jobs. The article notes a huge increase in overtime cases under the Fair Labor Standards Act and state wage and hour laws. (Indeed, many such cases have been filed here in Washington) Mr. Wright
The City of Colorado Springs agreed to pay police officers $5.25 Million in a wage and hour class action lawsuit. The suit concerned the classification of Sergeants as exempt employees under overtime laws and the time spent by police officers before and after their scheduled shifts — off-the-clock “donning and
Last week, we wrote about the wage claim class action concerning the tip jar at Starbucks stores in California. A class of an estimated 120,000 Starbucks baristas requested pay for their fair share of money from the tip jar. The court has awarded $105 million. The suit alleged that store
Within 20 years, nearly 20% of Americans, 71 million people, will be age 65 or older. Thanks to the baby boomers, America is getting older and doing so at a rapid rate. Recently, a federal task force published a report addressing the aging of the American workforce. The task force
We could not pass up an opportunity to mention Britney Spears here on our blog. As reported in this article, UCLA Medical Center is imposing discipline against 13 employees who looked at Britney’s medical records without permission. This seems to be a trend. As reported here, 27 employees at Palisades
In November 2007, a jury in Seattle awarded $4.4 million to Melissa Sheffield in a discrimination lawsuit. Sheffield sued her former employer, Goodyear Tire & Rubber Co., for retaliation after she complained of sexual orientation harassment, and she also claimed that Goodyear failed to reasonably accommodate a disability. The
The Ohio Employer’s Law Blog reports today about an interesting case from the Ohio Supreme Court. The case concerns alleged defamatory statements in an internal investigation report about a police chief. The police chief sued for defamation after the report was made public. The Ohio Supreme Court decided that there
Today the 9th Circuit Court of Appeals issued an opinion holding that a preemployment drug test on an Oregon public employee was unconstitutional. The plaintiff was offered a job in a city library conditioned on a drug test. She challenged the drug test on Fourth Amendment grounds. The 9th Circuit
How much money is there in a coffee house tip jar? A trial is underway in San Diego to find out. The court will be asked to award damages to employees who allegedly were denied a fair share from the tip jar at Starbucks. The class action on behalf of
Yesterday, Division III of the Washington Court of Appeals issued an “unpublished” opinion addressing constructive discharge under Washington law. The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile to observe what is not a constructive discharge. The employee
As noted below, on February 20, the U.S. Supreme Court clarified a remedy issue under ERISA. Employees can sue under ERISA Section 502(a)(2) for fiduciary breaches that impair the value of assets in a 401(k) account. Last week, the Supreme Court signaled that it may now address the issue of
ERISA disability benefit plans commonly require objective medical evidence of disability. This can be a difficult hurdle for claimants who believe they are disabled by conditions that cannot be evaluated by objective evidence. In one recent case, for example, the employee argued that she was disabled because of severe debilitating
In a recent case, the 6th Circuit Court of Appeals ruled that Title VII permits claims against an employer for acts of retaliation by coworkers. According to the court, an employer will be liable for a coworker’s actions if: (1) the coworkers’ retaliatory conduct is sufficiently severe so as to
In employment lawsuits, plaintiffs’ attorneys frequently request information about employees other than the plaintiff, including address and telephone numbers for current and former employees. When responding to such requests, employers are sometimes concerned that producing employee contact information will (a) lead to other potential plaintiffs who may want sue the
A recent decision by the 2nd Circuit Court of Appeals demonstrates that an employer can be liable for overtime pay even if employees have been forbidden to work overtime. The case is Chao v. Gotham Registry, Inc. and can be read here. The court examined whether an employer must pay
A recent decision by the 7th Circuit Court of Appeals addresses “association discrimination” under the Americans with Disabilities Act (“ADA”) in the context of medical insurance expenses. The plaintiff in the case contended that she was fired because of her husband’s high medical bills. The company was self-insured for the
In most states, including Washington, an employee who wins a lawsuit for unpaid wages is entitled to reasonable attorney’s fees. As most employers know, a getting sued for unpaid wages brings additional risks that the company must pay the unpaid wages plus substantial attorney fees, which fees could in many
I wrote a few words below about non-compete agreements and their proliferation. Now comes a story about a company that must pay $4 Million for denying compensation to an executive who refused to sign a non-compete agreement. In this particular situation, the employer (H&R Block) attempted to force its Chief
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit against a Lowe’s store in Longview, Washington for sex discrimination and sexual harassment. There is an article about the case here. According to the media reports, two heterosexual employees allege that they were repeatedly called “gay” by store managers,
Here is an interesting article in today’s Chicago Tribune about the proliferation of non-compete agreements. I thought this was a good opportunity to say a few words here about non-compete agreements. As the article observes, more and more employers are using non-compete agreements for more and more employees, but the
The U.S. Supreme Court is busy with an unusually large number of employment cases this term, and today the Court issued its opinion in one closely watched case. By many accounts, the decision is somewhat of a letdown for employment attorneys because the Supreme Court did not really decide much
A new published case from the Washington Court of Appeals addresses the proper remedy when an employer fails to pay under a settlement agreement. In this case, Rosen sued Ascentry for breach of contract and unpaid wages. Ascentry agreed to settle the case for $50,000. For some reason, Ascentry
Today the Supreme Court said that a 401(k) participant can sue for losses when a plan fiduciary fails to follow investment directions. In the case, James LaRue of Southlake,Texas, contends that his stock market holdings plunged $150,000 because administrators of his 401(k) retirement plan failed to follow his instructions to
Those following employee benefits litigation know that there have been hundreds of cases filed over the trend by companies to convert their traditional, defined benefit pension plans to cash balance plans. Another ruling was issued late last week in a class action case involving a plan conversion by CIGNA. The
Legislation has been introduced in 13 states, including Washington, to allow employee lawsuits against employers for bullying or offensive behavior even when the conduct is not illegal harassment under discrimination laws. For an interesting article on these bills see “No Putting Up With Putdowns”. No state has enacted one of
This interesting case is in the federal district court in Massachusetts. The employee was discharged for smoking while off-duty under an employer policy prohibiting all smoking, even outside of the workplace. A copy of the opinion can be found here, and an article about the case is here. The ruling
The plaintiffs in this wage and hour class action challenged a practice whereby overtime earned during one month would be paid at the end the following month. In this case, corrections officers in Thurston County would submit time sheets for overtime at the end of the month and the wages
In a timely article for this Valentine’s Day, see this article from Nixon Peabody and this article from Human Resources Executive Online on romance in the workplace and so-called "love contracts."
The Department of Labor has issued an interesting advisory opinion holding that a Kentucky wage deduction withholding statute is preempted by ERISA to the extent it limits placement of employees into default health care plans. In this situation, employees who fail to choose a plan are placed into one by
Daniel Schwartz of the Connecticut Employment Law Blog today published a Blog post on Employment Practices Liability Insurance (EPLI) called Insurance for Employers (EPLI) – The Good, the Bad, the Unknown. The post can be read here. It builds on some points by Michael Moore, of the Pennsylvania Employment Law
In a recent ruling, the NLRB tweaked its views on whether and how employers may restrict the use of workplace email systems.
In addition to the MetLife case reported below, the U.S. Supreme Court is set to hear several employment law issues this term. Look for more information as these rulings are handed down. Crawford v. Metropolitan Government of Nashville and CBOCS West Inc. v. Humphries The court will address the scope
The Washington Court of Appeals recently affirmed the dismissal of an interesting case involving allegations of sexual harassment, retaliation, and disability discrimination. Briefly, the plaintiff, Moon, was allegedly asked for sex and sexually assaulted by a supervisor at her home after a party with other coworkers. She complained about the
On January 28, 2008, President Bush signed the National Defense Authorization Act of 2008. The Act includes significant revisions to the Family Medical Leave Act of 1993 (FMLA). FMLA coverage is expanded to employees who care for family members injured while on active military duty or for other exigent circumstances
The U.S. Department of Labor has issued its new proposed regulations for the Family and Medical Leave Act. They are published here. The DOL will accept comments until April 11 before issuing final regulations.
On April 23, 2008, the U.S. Supreme Court will hear arguments in MetLife v. Glenn. This is an important case that may affect all future lawsuits to collect benefits under an employee benefit plan. Where a benefits case is subject to ERISA, the lawyers in nearly every case argue over
The Washington Supreme Court ruled on October 18, 2007, that time spent driving to and from work in a company vehicle should be considered as hours worked and included in calculations of overtime pay. The case, Stevens v. Brink’s Home Security, Inc., No. 79815-0 (Oct. 18, 2007), is an important
Superior Court Judge Sally F. Olsen dismissed a lawsuit filed in Kitsap County Superior Court alleging that an employee was wrongfully discharged for using marijuana. The employee alleged a claim for wrongful discharge in violation of public policy arguing she was using legally using medicinal marijuana under Washington law. The
