Employment Law Blog | HKM Employment Attorneys

What SB 253 Means for Employers of Pregnant Workers

It just became a bit easier to be a pregnant woman in Nevada, a sign of times that increasingly require recognition of gender-based entitlement in the workplace. As employers fully embrace the 21st Century, their responsibilities are now a bit more commensurate with the needs of workers whose obligations do not stop at their office doors. Nevada Pregnant Workers’ Fairness Act—product of Senate Bill 253—aims to streamline protections for expectant

20 Things To Do If You Lose Your Job In Seattle

Whether you were laid off, fired, or quit, the reality is you are now jobless in Seattle. Odds are you were let go on a Friday, which means you have the weekend to grieve, celebrate, or both. Come Monday though you have to formulate a plan to find a new job and make the most of your suddenly ample free time. Although HKM Employment Attorneys cannot give you legal advice

Going Back to Work After the Baby: Tips for Surviving the Return from Paternity Leave

More and more fathers are exercising their right to take advantage of the rights provided to them by the Family Medical Leave Act (and other similar state laws). These laws require employers who are subject to their requirements to hold jobs open while new parents care for and bond with their newborn child. Thankfully, more fathers are choosing to take weeks or even months off to bond with their child

Your Career After 50: Turning Passion Into a Job

What seemed like a good idea at 25 wouldn’t always be your first choice at 50. That goes for nights out, tattoos, and sometimes even careers. It isn’t uncommon for people over 50 to feel stuck in a job they just aren’t passionate about. Many post-Depression Era baby boomers picked a career for its practicality, unlike Millennials and Gen X-ers, who are told to pursue their passion in a career

The Keys to Unlocking Workplace Happiness

Happiness at work: everyone wants it. But can everyone get it? Believe it or not, the answer is “yes.” Even if you’re not working your dream job, there are some things you can do to be happy wherever you are. Just remember the two R’s:relationships and results. Relationships People are happier at work when they feel connected to their coworkers. According toBarbara Fredrickson, author of Love 2.0,

Can I Puff My Job Away Even if I’m Legally Smoking Marijuana?

When Colorado decriminalized the use of marijuana on January 1, 2014, many employees thought it would be safe to engage in their pastime on lunch breaks and outside work without fear of repercussions from their employer. After all, the citizens of that state scored an apparent victory by “legalizing” the use of pot. Unfortunately, employees who choose to use marijuana recreationally still need to comply with employer drug-free policies. This

New Job? Tips for Avoiding the Misclassification Trap

You searched Craigslist for months and finally landed that new job. The terms seem acceptable, as they’ve offered to pay you a salary and give you something to do besides play video games and watch re-runs of SportsCenter for several hours a day. You may have even gotten a paycheck or two, giving you the money to pay for dinner out on the weekend and the ability to get the

Morning Roundtable on Seattle Minimum Wage Increase

Morning Roundtable on Seattle Minimum Wage Increase With the national publicity the Seattle City Council’s June 2, 2014 vote to gradually increase the city’s minimum wage to $15 per hour has received, employees and employers alike have been left pondering how the increase will impact them. Accordingly, we will address the pressing questions raised by this week’s announcement. Question: “What is the minimum wage in Seattle now?” Answer: Currently the

Olé! How to Cope at Work During the World Cup

As the World Cup approaches, soccer fans across the U.S. will probably be found sitting at their desks at work, computer screens blocked from view while streaming games and attempting to stifle excited outbursts. But a small, Brazil-based craft beer company recently launched a campaign to ensure that “football” fans won’t have to miss a game because of a silly obligation like work. Through a website and social media, the

Getting the Worm: Why Being a Morning Person Matters and How to Do It

The early bird gets the worm. And possibly the promotion. A new study suggests that employees who start their day earlier when given start-time flexibility are given higher performance ratings. Flexible work schedules are rising in popularity. Companies like Google allow employees to set their own hours or work from home whenever they need to. Other companies set boundaries, like the ability to start any time between 9 a.m. and

Working With Words: GM’s List of Banned Words for Employees

“Hindenburg,” “powder keg,” “Titanic,” and “apocalyptic.” These words probably aren’t banned in your office, but General Motors instructed employees to avoid using these and other words and phrases—68 total—in internal communications about safety issues. Words like “deathtrap,” “widowmaker,” and “rolling sarcophagus,” are out, as are phrases such as “This is a death trap waiting to happen,” and “Unbelievable engineering screw-up.” GM calls these things “judgment words.” The company told employees

Cringe-worthy Co-workers: Four Co-workers Who are More Annoying Than Yours

Sharing an office is a bit like having roommates. You share a kitchen, bathrooms, break rooms, and sometimes a cubicle for most of your waking hours. It’s not surprising, then, that your co-workers can grate a nerve like no other. Keyboard pounding, personal phone calls, and smelly lunches can have you pulling your hair out. But living and working in harmony is essential to productivity, so take a deep breath

Top Female Exec at Anheuser-Busch Claims Discrimination

Anheuser-Busch products are a staple at American gatherings. Football games, barbeques, and fraternity socials aren’t complete without a cold one from America’s largest brewing company. But a former female executive at the company claims that she wasn’t invited to the party. Francine Katz spent 20 years an Anheuser-Busch employee, beginning as a corporate lawyer and rising to a vice president, key strategist and the company’s top female executive. But in

Somebody’s Gotta Do It: Dirty Jobs’ Mike Rowe on Finding the “Right” Career

Mike Rowe, the host of the Discovery Channel’s Dirty Jobs, knows a thing or two about work, and recently he was willing to share some pearls of wisdom with a fan on the job hunt. Parker Hall, who describes himself as “go-getter,” has been searching for the “right career” for the last year, and turned to Rowe for a little help. Here’s what he wrote: Hey Mike! I’ve spent this

Another Victory for LGBT Rights

While some states, including Oregon, have chosen to prohibit employment discrimination on the basis of sexual orientation or gender identity, federal law currently does not. Recent legal developments seem to signal that a fundamental change may be on the horizon, and LGBT rights activists have had several recent successes. For example, the highly anticipated Supreme Court decision in the Defense of Marriage Act case United States v. Windsor invalidated the

Amazon Sued Over Unpaid Security Checks

A recent Puget Sound Business Journal article details Amazon.com employees’ recent lawsuit over off-the-clock security checks. The employees have filed a federal lawsuit against Amazon for back pay for time spent each work day in security screening lines before breaks and at the end of their shifts. Because Amazon requires the daily searches, employees believe they should be paid for the additional time they are required to be at the

Washington Workplace Searches

Let’s begin by saying: hopefully a workplace search, where you feel like your privacy has been invaded, never happens to you. That being said, sometimes workplace searches and interrogations are necessary in order to ensure things like information breaches, illegal activities and issues with drugs and contraband are handled properly. Workplace searches can happen with great frequency or completely at random depending on the nature of your company and corporate

Teacher Demands Job Back After Showing Up Drunk For Work

The Seattle P-I recently reported that a Bellevue teacher is demanding his job back after what he calls an illegal firing. Erik Schock, an 11-year employee at Chinook Middle School, was terminated earlier this year after he arrived to work drunk. Schock, a P.E. teacher is believed to have had a blood alcohol level twice the legal limit when he arrived at the school and began teaching students. An assistant

Some Government Employees Get to "Double Dip"

When the federal government shut down for sixteen days in October, it left approximately 400,000 employments across the United States effectively jobless. A small percentage of these employees applied for unemployment benefits during that time, and some of them were approved and actually received benefits. However, now that Congress approved back pay for the furloughed employees, whether or not they will have to pay back the unemployment benefits depends on

So Cliché: Why Workplace Jargon Has Got To Go

From coast to coast, cubicle to cubicle, workplace jargon is collectively despised. Words like value add, impactful, and brainstorm usually induce more cringes than work product. That’s why crossing certain words off your workplace vocab list could help you cross things off your to-do list. The Problem With Jargon Workplace jargon is more than an annoyance; it’s a time-eater. Language has the power to shape thoughts and action, and when

Fired for Being Gay? Mayor Says Police Chief Deserved Reprimand, Community Isn’t So Sure

Crystal Moore was Latta, North Carolina’s first female Chief of Police in Latta, South Carolina. She was also the town’s first openly gay police chief. And since she was suddenly fired last week, the town’s residents questioned whether her sexuality cost her the job. Moore served the town of Latta for 20 years without a single incident. But Mayor Earl Bullard, who took office in December 2013, slapped Moore with

Seattle Council Votes To Strengthen Whistleblower Protections

The Seattle City Council was set to vote on a bill that would strengthen the city’s whistleblower protections. Although the city encourages everyone to report incidents of misconduct, the protections are specifically for city employees reporting workplace misconduct. The bill was expected to pass and make significant changes. Whistleblower Protection Code: Before Seattle’s whistleblower code was last updated in 1994, even though Washington state and King County have updated their

SWAT Officer Sues For Gender Discrimination

A Virginia Beach police officer filed a complaint in federal court against her supervisors and the Virginia Beach Police Department for gender discrimination and retaliation. Nicole Kosman has been an officer of the Virginia Beach Police Department for ten years. In 2009, she became the first woman accepted into the Department’s SWAT Team. Unfortunately, it appears the Team and the Department still held on to the gender preferences that had

Bus Driver Fired For Facebook Post Sues

A Georgia school bus driver claims he was fired for speaking on behalf of hungry school children. The Times-Georgian reports on the bus driver, Johnny Cook, who worked for the Haralson County School System, when he complained about the school system’s school lunch policy on his personal Facebook page. Cook claimed a child told him he was denied lunch because he did not have money to pay for it. His

Manager Urinates In Sink, Unsurprisingly Is Fired

A recent Seattle PI article may make you think twice before you eat out. Or, it may make you happy to know employers take health and safety standards seriously. One of Pizza Hut’s West Virginia restaurants has temporarily closed after a district manager was caught urinating into a sink. The district manager was fired after Pizza Hut became aware of the surveillance video showing the manager relieving himself. Fortunately the

Washington Hop Grower Settles Harassment Lawsuit

Recently the Seattle Times reported on a settlement between the Equal Employment Opportunity Commission (EEOC) and Roy Farms. Roy Farms, one of the largest hop producers in the world, is located in Eastern Washington. The EEOC sued Roy Farms on behalf of four of Roy Farm’s male employees. In the lawsuit the four male workers claim they suffered nearly two years of constant sexual harassment from a male supervisor. The

Amazon’s Security Check Case Goes To The Supreme Court

A few years ago, contract workers at a Nevada Amazon warehouse filed a lawsuit in federal court against Amazon and their employer, Integrity Staffing Solutions, a contractor for Amazon. The lawsuit claimed the workers were entitled to unpaid wages for time spent waiting in line for security screenings before breaks and after shifts. Amazon requires these screenings for inventory control purposes. While the lines could be long during regular working

Facebook is Former Employee’s Worst Nightmare

When most people think of a lawsuit, they think of the dramatic trials that they see on television and in movies. In reality, however, the majority of cases never go to trial. Instead, the two parties can negotiate outside the courtroom and come to a settlement agreement. Trials can be lengthy and costly, therefore settlement saves both parties time, stress, and money. The parties have the opportunity to be creative

$1.2 Million Awarded in Religious Discrimination Case

Ali Aboubaker moved to the United States from Tunisia almost 25 years ago and began working for Washtenaw County in Michigan in 1991. Aboubaker started as a bus driver and later moved up to maintenance technician. However, over the years, Aboubaker applied for numerous promotions for which he believed he was qualified, and was continually passed over. Finally, in 2008, the County terminated his employment. Aboubaker, a Muslim, wears a

Walmart Distributor Settles Huge Labor Case

Yet again, multi-billion dollar retail giant Walmart recently found itself making employment news headlines. Earlier this year, one of Walmart’s largest distributors, Schneider Logistics, settled a labor dispute case with hundreds of workers for millions of dollars. Though Schneider Logistics agreed to pay the workers, the company refused to admit fault for any wage or hour law violations. The Schneider Settlement Three employees filed the claim against Schneider in 2012:

Employee Awarded $125,000 in Same-sex Harassment Case

A long-lasting employment harassment case has finally come to a close for one Louisiana man. Kerry Woods filed a harassment complaint against his former employer, Boh Bros. Construction Co., with the Equal Employment Opportunity Commission (EEOC) nearly six years ago. According to his complaint, Woods was subjected to repeated unlawful harassment by a male supervisor due to his failure to fit into a male stereotype. The supervisor allegedly often made

Supreme Court to Hear 9th Circuit FLSA Case

The Fair Labor Standards Act (FLSA) regulates hours and wages for American workers on the federal level. FLSA requires that all employers must pay employees at least the federal (or state if it is higher) minimum wage for all hours worked. Additionally, if an employee works over 40 hours in one week, he or she must receive time and a half wages for any overtime hours. “Time worked” is an

What are Essential Job Functions in ADA Cases?

Title I of the Americans with Disabilities Act (ADA) aims to allow people with disabilities to have equal opportunities to join the workforce. First, the law prohibits discrimination, harassment, or retaliation against applicants or employees with real or perceived disabilities. Additionally,the law requires employers to make reasonable accommodations for employees with disabilities if such accommodations would allow the employee to perform the essential functions of their job and would not

Seattle Venture Capitalist Supports Higher Minimum Wage

The Tri-City Herald recently reported on five “tycoons” who have taken an interest in the nation’s growing wage gap. While the five tycoons have different opinions on how the wage gap should be closed, they are all in agreement that something should be done. One of the five tycoons is Seattle’s Nick Hanauer. Hanauer believes a higher minimum wage is the easiest way to close the gap while creating greater

A Forklift, A Vending Machine, And Unemployment

The Seattle PI reported recently on an industrious, if misguided, Iowa man who really wanted his candy bar. Robert McKevitt was working at a warehouse when he decided to take a break. He put a dollar in a vending machine for a candy bar. The vending machine was known to have problems, but when the vending machine did not release McKevitt’s candy bar, he got into a forklift and used

Fired For Being Too Feminine

Iowa, like Washington, has laws against employment discrimination based on sexual orientation. Because of these laws, Wayne Shimer, a former employee of Casey’s General Store, has employment protections and the ability to seek legal relief for his discriminatory firing. Shimer tells the Des Moines Register of the pattern of discrimination he faced before he was fired from Casey’s. A month after Shimer began working at Casey’s, his manager learned that

Accusations Of Fraudulent Business At Business School

A for-profit business school is under investigation for federal financial aid fraud after a former employee blew the whistle. The New York Times reports on Kelli Amaya, a former administrator for Harris School of Business from 2009 to 2011. Amaya is one of seven former employees who are suing the school in a qui tam action. In their lawsuit against Harris, the employees claim the school grossly overcharged for programs,

Restaurant Sued For Removing Accommodation

The Equal Employment Opportunity Commission (EEOC) is suing a Houston restaurant for disability discrimination, sexual harassment, and retaliation. In many cases of disability discrimination, an employer fails to consider a disabled applicant or fails to provide reasonable accommodations so that the qualified applicant can perform required duties. In this case, however, the restaurant, Nick’s Restaurant and Sports Bar, not only hired a disabled applicant; it also provided reasonable and workable

VW Trapped In Battle Over Unionization

Volkswagen auto workers in Tennessee became the center of attention last week when they prepared to vote on unionization of their factory. Unionization is usually a major deal for the workers and the employers, but it does not always receive much media coverage, particularly when the employer is not opposed to the union. However, in this case, Tennessee’s legislators brought a lot of attention to the vote. According to Talking

Tri-City Farmers Need Bigger Batch of Workers

Even though the economy is recovering slowly, Washington farmers have seen major growth and success. Unfortunately, this rapid growth and the improving economy have led to a shortage in local farm workers. According to a Tri-City Herald story, Tri-City farmers hired more cherry and apple pickers last season than they did at the start of the recession, but this season they face a dramatic change. Washington crops are continually growing

Taco Bell Employees Shut Homeless Man In Dumpster

A Taco Bell manager made the news recently for allegedly telling his employees to lock a sleeping homeless man in the restaurant’s dumpster. According to the article, a customer, Jacob Cook, at the Redding, California Taco Bell, overheard employees tell their manager about a homeless man sleeping in the dumpster. The customer claims he heard the manager tell the employees to lock the dumpster lid and shut the gate surrounding

New Background Check Policies For Bank Contractors

New background check procedures for banks and their foreclosure agents will hopefully address a widespread and troubling problem in the industry. A recent Huffington Post article highlighted a number of instances in which individuals responsible for maintaining and inspecting homes up for foreclosure have broken in, stolen items and even changed the locks on homes that are still occupied. Thousands of complaints and several hundred lawsuits exist against bank contractors,

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