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Labor & Employment Law

Employment Advisory

Employment Law Observations for Employers and Employees in Washington State

Post Frequency: 2.3/day

Last Entry: March 13, 2011 at 21:01:00

Congratulations President Obama

Posted on January 20, 2009
Congratulations President Obama Since its adoption, our office has been closed on the Martin Luther King, Jr. holiday. This year, given the historic nature of the presidential election, our office is also closed on Inauguration Day. Regardless of whom you voted for, this past presidential election confirmed the American Dream...

Birch Bay Resort settles same sex

Posted on January 16, 2009
Birch Bay Resort settles same sex harassment caseWorldmark by Wyndham, according to the EEOC, has just settled a same sex harassment claim for the sum of $370,000. According to the EEOC, a manager touched victims, commented on their appearance and created sexually charged situations...

Dentist settles sex harassment

Posted on January 15, 2009
Dentist settles sex harassment lawsuit.A Chicago dentist was recently sued by the EEOC. According to the EEOC, the dentist sexually propositioned female employees, touched them in an unwelcome manner and required them, as part of their job, to attend Scientology seminars...

Employer AlertI don't know about

Posted on January 05, 2009
Employer AlertI don't know about you, but I have enjoyed taking some time off during the holidays. Rarely do you know how much you need rest until you get it. So I guess the good news, to quote the Governor of California, "I'm baaack!!!"With the new year starting, Washington employers should be aware that the state minimum wage has increased to $8...

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Posted on December 19, 2008
div style="text-align: justify; font-family: arial;"div style="text-align: center;"span style="font-weight: bold; color: rgb(255, 0, 0);font-size:180%;" EMPLOYER ALERT/spanbr /span style="font-weight: bold; color: rgb(255, 0, 0);font-size:180%;" NEW DOL FORMS/spanbr //divbr /The Department of Labor(DOL) has just announced that it has issued new forms for use in the FMLA process...

div style="text-align: justify;"div

Posted on December 19, 2008
div style="text-align: justify;"div style="text-align: center; font-weight: bold;"span style="color: rgb(255, 0, 0);font-size:180%;" span style="font-family: arial;"EMPLOYER ALERT: NEW FMLA POSTER AVAILABLE/span/spanbr //divbr /span style="font-family: arial;"The Department of Labor has just announced that it has issued a new FMLA poster that incorporates changes reflected in its final FMLA rules that were recently published...

Mumbai: The HR wake up call. The

Posted on December 10, 2008
Mumbai: The HR wake up call. The events that unfolded recently in Mumbai, India were tragic. My prayers go out to those who have suffered as a result of this horrific event. The unfortunate aspect of an event like Mumbai is that is illustrates how vulnerable we all are to terrorist acts and cataclysmic events...

Don?t Circle the Wagons....When

Posted on December 03, 2008
Don?t Circle the Wagons....When tough economic times hit, it is easy to succumb to the tendency to cut every program that is not essential. Often these cost cutting measures target training, employment manual reviews/revisions and annual policy reviews...

IBM and Apple mix it upI haven?t

Posted on November 18, 2008
IBM and Apple mix it upI haven?t seen something take over the news like this since Microsoft and Google went after each other as a result of Google?s hiring of Kai-Fu Lee. (Click here to read about that case.) That case ultimately resulted in a settlement or, as lawyers tend to say, ?It has been resolved to the satisfaction of the parties...

Repeated violation of non-compete

Posted on October 20, 2008
Repeated violation of non-compete lands man in jailA Texas man who claims he loves to dance and claims dance is in his soul was jailed by a judge in Texas for repeatedly violating a non-compete agreement that prohibited him from operating a business within a defined geographical distance from his former employer...

10 Tips on Defensible DocumentationI

Posted on October 08, 2008
10 Tips on Defensible DocumentationI am often asked for tips on documentation practices that are ?legally defensible.? Truthfully, the recipe for legally defensible documentation begins with common sense and ends with a consideration of who your audience will ultimately be...

Common Mistakes in Documentation

Posted on September 29, 2008
Common Mistakes in Documentation and RecordkeepingYour company?s record keeping and document retention practices will often be the difference between winning and losing a lawsuit. Over the years I have seen a variety of areas where employers and human resources professionals get themselves in trouble...

Scolari's settles sex harassment

Posted on September 23, 2008
Scolari's settles sex harassment lawsuitScolari's is a food and drug store with 19 outlets in northern California and Nevada. The company just settled sexual harassment claims made a group of women for $425,000.00. According to the Equal Employment Opportunity Commission (EEOC), "Some Scolari's managers verbally harassed the women, touched them inappropriately, "propositioned them, made lewd comments and passed around naked photos of themselves, among other acts...

Keystone Dental settles UTSA claim

Posted on September 04, 2008
Keystone Dental settles UTSA claim for $2 millionIf you are not familiar with the Uniform Trade Secrets Act (UTSA) and you are in business, perhaps, now is the time. UTSA claims are on the rise and the damages that can be paid out on these claims tend to be huge...

Sizzler gets burned for $300,000Sizzler

Posted on September 01, 2008
Sizzler gets burned for $300,000Sizzler USA just settled a sexual harassment lawsuit in which a former employee alleged she was the subject of sexual harassment in the form of unwelcome touching, unwelcome comments and physical threats. In addition to unwelcome comments about her body, the plaintiff, Patricia Huizache, was told that Mexican woman are ?stupid and only good for sex...

When will they learn?I have been

Posted on August 22, 2008
When will they learn?I have been doing this a long time. Every once in a while, in a moment of idealism,I start to believe that maybe, just maybe, every employer in the country is starting to get a clue when it comes to issues of sexual harassment. Then I read an article like this one posted at Firehouse...

Facebook comment leads to settlementAlthough

Posted on August 18, 2008
Facebook comment leads to settlementAlthough I don?t make it a habit of discussing cases that don?t involve claims under state or federal law, I came across an article while reading a London newspaper. The case was of interest because it seemed to be the perfect storm of what not to do...

7th Circuit: Joint Employer Doctrine

Posted on August 04, 2008
7th Circuit: Joint Employer Doctrine in context of the FMLAEmployer's that employ 50 or more employees in a 75 mile radius ( as the car drives not as the crow flies) must comply with the Family Medical Leave Act (FMLA). �In enacting the FMLA, Congress understood that small employers are always able to shoulder the financial burdens imposed by FMLA compliance...

New WISHA poster availableThe Washington

Posted on July 11, 2008
New WISHA poster availableThe Washington Department of Labor and Industries has announced that it has a new mandatory poster that must be posted by all employers in Washington State. To get the poster, click here. If you are not sure you have all Washington State required posters click here...

New Case Protects Privacy of Text

Posted on June 20, 2008
New Case Protects Privacy of Text MessagesThe Ninth Circuit Court of Appeals, in a case entitled Quon v. Arch Wireless, held that text messages stored on the server of a cellular provider cannot be disclosed to an employer subscriber without the consent of the employee that is using the text messaging device...

Wednesday's Excuseon ThursdayTwo

Posted on June 19, 2008
Wednesday's Excuseon ThursdayTwo words that automatically invoke sympathy on the part of anyone:Root Canal.

No Match Letter does not give right

Posted on June 19, 2008
No Match Letter does not give right to fire.Aramark employs approximately 170,000 people in the United States. In 2003, Aramark received notice from the Social Security Administration (SSA) that 3,300 of its employees did not provide social security numbers that matched those in the SSA database...

11 Things to Think About Before

Posted on June 11, 2008
11 Things to Think About Before You Fire Firing an employee is difficult. Many times employers realize that an employee has to be let go, but put off the decision. Some explore other avenues to correct performance or behavior deficits, while others ignore the problem until it reaches a critical stage...

Employer Alert Washington Employers

Posted on June 04, 2008
Employer Alert Washington Employers should be mindful of the following laws that are going into effect. June 12, 2008 Leave for Military Spouses:This law applies to all employers, regardless of size and allows 15 days of leave to the spouse of individuals that are on leave from military deployment or before and up to military deployment...

Wednesday Excuse on a Thursday

Posted on May 29, 2008
Wednesday Excuse on a Thursday I don't know about you but 4 day workweeks throw my schedule out of whack. I love the 3 day weekend that comes along with it. Unfortunately, when I arrive at work on Tuesday, my brain says Monday. So even though its Thursday, I'm feeling Wednesday...

Wednesday's ExcuseLast week, I

Posted on May 22, 2008
Wednesday's ExcuseLast week, I was trying to find a good excuse while at the Mid-Town Station Coffee House and Wine Bar in Sumner. The owner promised that she would have a good excuse for me this week. So here it is:I couldn't make it in because I was eating caramel cheesecake...

More thoughts on TelecommutingAs

Posted on May 20, 2008
More thoughts on TelecommutingAs gas prices continue to spiral upward, telecommuting is an excellent way for a company to lessen the economic impact on employees and to be viewed as a good corporate neighbor by decreasing the carbon footprint of your workforce and traffic congestion...

Wednesday's Excuse-Late Edition

Posted on May 14, 2008
Wednesday's Excuse-Late Edition So I?m sitting at the Mid-Town Station Coffee House and Wine Bar. We just call it the Mid-Town. Great restaurant by the Sound Transit Station in scenic downtown Sumner, Washington. The nice thing about a city like Sumner is that you tend to run into people that run the small businesses that are the backbone of our country...

Wednesday?s Excuse?I won't be able

Posted on May 07, 2008
Wednesday?s Excuse?I won't be able to come in today. It seems that I have some unknown contagious disease; but I'll be fine on Monday."

Storm Clouds at The Weather Channel

Posted on May 07, 2008
Storm Clouds at The Weather Channel The Weather Channel is currently embroiled in litigation concerning the outcome of a sexual harassment and retaliation arbitration in which the arbitrator issued what one media outlet has described as a ?blistering arbitration ruling in favor of a former anchorwoman...

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