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Labor & Employment Law

Employment Advisory 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

Recent Entries: 121

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Jury Award in Spanking Case Reversed

Posted on January 22, 2008
Jury Award in Spanking Case Reversed Many of you will remember the case. Janet Orlando sued her employer, Alarm One, due to the company's conduct during "team building" exercises. The company, allegedly, would pit sales teams against each other and the winning team was permitted to make fun of the losers, throw pies at them, feed the losers baby food, make them wear diapers and swat them on the buttocks...


Think before you Fire and then

Posted on January 18, 2008
Think before you Fire and then Think Again In 1998, Debbie Bonidy was hired as dental assistant at a dental clinic, in Vail, Colorado. The dental clinic was run by Dr. Harding. About year after Debbie was working there, Dr. Harding changed the employees? schedules...


New Microsoft PatentAccording to

Posted on January 16, 2008
New Microsoft PatentAccording to the TimesOnline, Microsoft has just published a patent application for software that will allow an employer to remotely monitor an employee's heart rate, movement, body temperature, facial expression and blood pressure...


Seattle Law Bloggers MeetOn January

Posted on January 16, 2008
Seattle Law Bloggers MeetOn January 15, 2008, the Seattle Law Bloggers got together for their first meeting. Thanks to Michael Atkins (Seattle Trademark Lawyer) for hosting the event. Michael is "livin large" in his office at Graham and Dunn, right on Pier 70 looking out at Elliot Bay...


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What do you do when the unspeakable

Posted on January 16, 2008
What do you do when the unspeakable happens? Business owners are good at planning for expected and unexpected business contingencies. Some even go so far as planning for a disaster such as an earthquake and terrorist attack. (More on earthquakes and other disasters in a later post...


Wednesday's ExcuseCall received

Posted on January 15, 2008
Wednesday's ExcuseCall received by the boss on a Sunday. "Dude, I am still trippin', I dropped some LSD on Friday night. There is no way I can work today." Well, you have to admire his honesty. I wonder if he is related to the guy who was late for work because "my drug dealer showed up late...


Starting today, each Wednesday

Posted on January 09, 2008
Starting today, each Wednesday we will publish one real life work excuse. If you have used an especially creative excuse or know of one that was used, send it to me for consideration in future posts. I am not condoning these excuses, but sometimes you have to give credit for creativity and/or candor...


Lack of documentation loses case

Posted on January 09, 2008
Lack of documentation loses case for employeeHolly Staunch was a flight attendant for Continental Airlines. One of the issues in her lawsuit was whether she had worked 1250 in the past year which would have qualified for FMLA benefits. Continental took the position that she did not...


Harassment by jilted boyfriend

Posted on December 28, 2007
Harassment by jilted boyfriend is "because of sex"Allison Forrest was a server at Chilli's Bar and Grill in Portland, Maine. She had an "on again off again" intimate relationship with a coworker, who was a line cook. Once Allison began dating another man, her ex-boyfriend began to call her vulgar names that are highly offensive to females...


Year End Reminders from UsEffective

Posted on December 27, 2007
Year End Reminders from UsEffective January 1, 2008, the minimum wage will be $8.07 per hour.Effective January 1, 2008, Washington will prohibit text messaging while driving. In July of 2008, all drivers in Washington will have to use a hands-free cell phone while driving...


Severance Agreement Cannot Waive

Posted on December 27, 2007
Severance Agreement Cannot Waive USERRA RightsThe Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) protects members of the military from adverse employment action based on their military status or military service. It also protects a service member's job in the event they are called into service...


Pregnancy Related Discrimination

Posted on December 06, 2007
Pregnancy Related Discrimination is Sex Discrimination under the WLADOn November 30, 2007, the Washington Supreme Court decided Hegwine v. Longview Fibre. This case stands for two important propositions. The first is pregnancy discrimination claims should be analyzed, under the Washington Law Against Discrimination (WLAD), as sex discrimination claims rather than as a failure to accommodate a disability...


Washington Supreme Court decides

Posted on November 12, 2007
Washington Supreme Court decides ?drive time? case In Stevens v. Brinks, the Washington Supreme Court was asked to decide if service technicians who were provided with company trucks that they took home every night were entitled to be paid for their drive time from home to a job site and back...


Washington Minimum Wage Increase

Posted on October 12, 2007
Washington Minimum Wage Increase Coming UpI know that employers have many items on their plate at this time of year. In Washington, this is the time of year is when employers learn the results of the annual recalculation of the state minimum wage that occurs as a result of the voter approved Initiative 688...


Screening: Do it RightWashington

Posted on September 23, 2007
Screening: Do it RightWashington employers who perform background or credit checks on their employees have to be well versed in their obligations under the Fair Credit Reporting Act (the federal law) as well as the Washington State Fair Credit Reporting Act...


Screening ConsiderationsEmployers

Posted on August 19, 2007
Screening ConsiderationsEmployers have been slow to recognize that performing background, reference and credit checks trigger obligations under the Fair Credit Reporting Act (FCRA). Many employers, mistakenly, believe that since the FCRA states it applies to ?consumers? they do not have to satisfy the requirements of the Fair Credit Reporting Act when performing a reference credit history and/or criminal background checks...


Background Checks: Are they necessary?According

Posted on July 31, 2007
Background Checks: Are they necessary?According to the Workplace Violence Research Institute, every day, in workplaces throughout the country, approximately 16,400 workers are threatened, 723 employees are attacked and 43,800 employees are harassed. Annually, there are approximately 600 homicides that occur each year within the workplace...


Exit Interviews: How to Handle

Posted on July 24, 2007
Exit Interviews: How to Handle Bad News All things being equal, why wouldn't an employer conduct an exit interview? Fear. They fear they will learn information that might be detrimental to their company. Let?s take that fear head on. If there is a problem that led to the departure of an employee, that problem won?t go away just because you didn?t ask about it...


Conducting an Exit Interview

Posted on July 15, 2007
Conducting an Exit Interview To maximize the effect of an exit interview it should be held in a private office, away from the employee?s usual work area and be conducted by an individual outside of the employee?s supervisory chain. The individual selected to conduct the interview should be neutral, non-threatening, and a good listener...


Scam Alert-Workplace Posters

Posted on July 15, 2007
Scam Alert-Workplace Posters We recently received the following press release from the office of Washington Attorney General Rob McKenna. As you will note, salesmen are taking advantage of business owners who do not know that required workplace posters are available for free over the Internet or can be ordered by phone...


Exit Interviews Easily Overlooked-Too

Posted on July 06, 2007
Exit Interviews Easily Overlooked-Too Valuable to Disregard What is an exit interview? Exit interviews are individual meetings to question departing employees about their reason for leaving as well as their attitudes and observations about the company...


Washington adopts Family Leave

Posted on June 09, 2007
Washington adopts Family Leave Insurance ProgramWashington recently enacted a Family Leave Insurance Program that will go into effect July 1, 2008. (Although the law is effective on July 1, 2008, no benefits will be paid out until October 2009.) Under the Family Leave Insurance Program (FLIP) employees are entitled to time off for the birth or adoption of a child, with up to five weeks of pay to be supplied by a state fund...


College gets ?schooled? on wages

Posted on May 25, 2007
College gets ?schooled? on wages and handbooksWhitworth College was sued by Dr. Mega after he was terminated from a tenured position as a professor. At the heart of Dr. Mega?s claim was whether Whitworth complied with promises made in its handbook when he was terminated...


Is that cell phone worth the risk?

Posted on May 15, 2007
Is that cell phone worth the risk? Cell phones have become an integral part of business. With the advent of the BlackBerry and Nextel, and countless other variations on those concepts, we can be connected to our jobs 24 hours a day. I have had people tell me they feel lost if they leave home without their cell phone or BlackBerry...


Employee HandbooksTen Mistakes

Posted on May 09, 2007
Employee HandbooksTen Mistakes Should your company have an employee handbook? Absolutely. A properly drafted employee handbook allows management to communicate their expectations to their workforce. Unfortunately, all handbooks are not created equal...


New USERRA CaseThe 11th Circuit

Posted on March 26, 2007
New USERRA CaseThe 11th Circuit Court of Appeals, in its decision in Tully v. Department of Justice, provided employers with insight into the application of those portions of the USERRA (Uniformed Services Employment and Reemployment Rights Act of 1994) that relate to leave benefits while on furlough or leave of absence...


Concluding the Investigation

Posted on March 18, 2007
Concluding the Investigation Once the investigation has been completed, it is time to prepare a written report. Remember, your notes are evidence and once you have notice of a claim, your destruction of those notes could be viewed as spoliation of evidence...


New Ninth Circuit Case on IRCAThe

Posted on March 18, 2007
New Ninth Circuit Case on IRCAThe Ninth Circuit Court of Appeals issued a new opinion in which it clarified a portion of the Immigration Reform and Control Act (IRCA). The IRCA requires an employer not to ?continue to employ? a person once the employer learns the person is not authorized to work in the U...


Wal Mart Class Action CertifiedThe

Posted on February 20, 2007
Wal Mart Class Action CertifiedThe Ninth Circuit Court of Appeals upheld a the certification of a class of individuals, comprising approximately 1.5 million women, who were employed by Wal Mart since December 26, 1998, who, it is alleged, were discriminated against in pay and promotions based on their sex...


Washington Supreme Court clarifies

Posted on February 20, 2007
Washington Supreme Court clarifies Blaney The successful plaintiff, in an employment discrimination case, has to pay taxes on past and future wage loss (back and front pay) and emotional distress damages (non-economic damages). In Blaney v. International Association of Machinists and Aerospace Workers, the Washington Supreme Court allowed successfully parties, in a claim under the Washington Laws Against Discrimination (WLAD) to ?gross up? their damages award to include taxes that have to be paid on that award...


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