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 working to replace their pension… Read More
Employment Blog
Here you can find the most recent employment law news and commentary on cases around the country. If you need assistance with employment law, don't hesitate to call us.
Court Permits “Public Policy” Constructive Discharge Claim Based on Sexual Harassment
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 the two of them were… Read More
Are Public Employee Conversations Considered “Private”?
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 the conversation. Anyone who violates… Read More
New Leave Law for Victims of Domestic Violence or Sexual Assault
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, sick leave, personal time off,… Read More
New Military Family Leave Act in Washington
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 spouse is on leave from… Read More
Male Police Officer Wins $400,000 in Sex Harassment Case
Out of Springfield, Massachusetts comes this article about a sexual harassment case that resulted in a $400,000 verdict for a male police officer. According to the published reports, John Brock’s image was superimposed over a woman in a bikini and posted at police headquarters. Here are some other recent verdicts in employment cases: $2.1… Read More
EEOC Finds Against University of Washington in Age Discrimination Case
Here is 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 dean of the medical school. … Read More
Subrogation and Reimbursement of Overpaid Benefits Under ERISA Plans
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, Inc., 547 U.S. 356 (2006)… Read More
$317,000 Race Discrimination Verdict for Farm Workers
A jury in Yakima, Washington has awarded a verdict of $317,000 for farm workers who claimed they were discriminated against based on race. The farm workers contended that they were not hired, or they were fired and replaced, in favor of workers brought from Thailand under the federal H-2A guest-worker program in 2004. An article… Read More
Washington Court Allows Wrongful Discharge Claim by Women’s Basketball Coach
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 the college’s athletic director was… Read More