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 company, or (b) violate employee… 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: Overtime Pay Required Even Where the Employee Was Not Authorized to Work Overtime
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 overtime work where it has… Read More
"Associational Discrimination" Claim For Termination Caused By Spouse’s Medical Costs
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 first $250,000 of annual covered… Read More
ERISA Case Addresses Health Coverage for Eating Disorders
An interesting ERISA class action addresses whether treatment for an eating disorder should be covered by an employer health plan. The case addresses an Aetna health plan that limited coverage for “nonbiologically based mental illnesses.” An article about the case can be found here.
More Workers Collecting Disability Benefits
Human Resource Executive Online has an interesting article here on recent increases in the number of disability benefits claims filed each year. The duration of disability claims is increasing too. A 35-year-old, white-collar male today who suffers a disability lasting 90 days or longer will be out of work an average of about six years.
$46,000 In Attorney's Fees for $44 in Unpaid Wages?
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 cases be more than the… Read More
New EEOC Guidance on Disabled Veterans
The Equal Employment Opportunity Commission (EEOC) has issued new guidance on employment of veterans with service-connected disabilities. The EEOC’s guide for employers is here and the guide for veterans is here. The new guidance explains (1) how protections for veterans with service-connected disabilities differ under the Americans with Disabilities Act (ADA) and the Uniformed Services… Read More
$4 Million Award to Former Executive in Non-Compete Dispute
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. Articles about the case can be found here and here. In this particular situation, the employer (H&R Block)… Read More
Lowe's Store in Longview, Washington Sued for Sexual Harassment
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, and a female employee alleges… Read More
A Few Words About Non-Compete Agreements in Washington
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 article also notes that such… Read More