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Washington Labor, Employment & Employee Benefits Law

Current Events in Labor, Employment, and Employee Benefits Law in Seattle, Washington and across the United States.
By Donald W. Heyrich

Post Frequency: 1.8/day

Last Entry: June 18, 2009 at 17:37:06

Eighth Circuit Enforces ?But For? Burden of Proof in ADEA Case

Posted on June 18, 2009
In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, the lower court had instructed the jury to enter a verdict for the plaintiff if he proved, by a preponderance of the evidence, that he was demoted...

FMLA Protection for Part-timers?

Posted on May 22, 2009
This week the Indiana Supreme Court held that an employee f illing multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee?s total service is sufficient to qualify -...

Jurors? Use of the Web Causing Problems at Trial

Posted on March 31, 2009
A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country. A mistrial was recently declared in a major criminal drug trial in federal district court in...

Surge in Age Discrimination Claims

Posted on March 12, 2009
The federal Equal Employment Opportunity Commission (?EEOC?) is set to release information shortly that will reveal a sharp rise in the number of age-discrimination claims filed with the agency. According to the EEOC, the number of age-discrimination allegations made by...

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Supreme Court Affirms Primacy of ERISA Plan Documents

Posted on January 30, 2009
In a unanimous decision, the U.S. Supreme Court that an ERISA plan???s specific procedure for designating beneficiaries controls over other instruments that may conflict with it. In the case, Kennedy v. Plan Administrator for the DuPont Savings & Investment Plan,...

CONGRESS NULLIFIES SUPREME COURT RULING BY EXTENDING TIME TO SUE FOR EQUAL PAY

Posted on January 29, 2009
President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause. Obama, choosing the Lilly Ledbetter Fair Pay Act...

Supreme Court Ruling Protects Employees Against Retaliation For Assisting Internal Sexual Harassment Investigations

Posted on January 27, 2009
An employee is protected from being fired in retaliation for answering questions during an employer's investigation of suspected sexual harassment, the Supreme Court ruled on Monday, January 26, 2009. The unanimous court ruled the federal civil rights law's anti-retaliation provision...

Court Hears Breach of Contract Case

Posted on January 16, 2009
In Duncan v. Alaska USA Federal Credit Union, Inc., Division I of the Washington Court of Appeals reversed the lower court???s granting of summary judgment and ruled that genuine issues of material fact existed regarding Duncan???s breach of contract and...

The Employee Free Choice Act

Posted on January 15, 2009
With the Obama administration set to take office, the most significant change in employment law on the horizon is the Employee Free Choice Act (EFCA), a bill that passed in the House of Representatives in 2007 but was filibustered in...

Legal Update: ADA Amendments Act of 2008

Posted on January 13, 2009
On September 25, 2008, new federal legislation was signed that expands the scope of the Americans with Disabilities Act. Known as the ADA Amendments Act of 2008 (the ???ADAAA???), the amendments reverse or nullify several Supreme Court rulings that significantly...

Is ???Boot-Up??? Time Compensable?

Posted on January 05, 2009
Have you ever been frustrated by the length of time it takes for your computer to boot up? In light of recent lawsuits, some employers may be, as well. According to an article in the National Law Journal there has...

Is ?Boot-Up? Time Compensable?

A Primer on Unemployment Benefits

Posted on December 01, 2008
In view of the rapidly deteriorating economy, a brief primer on unemployment benefits seems timely. Unemployment insurance provides partial wage replacement to unemployed workers while they look for new work. Unemployment insurance is administered by each of the fifty states,...

Full Disclosure

Posted on November 14, 2008
The incoming administration of President-Elect Obama is exercising unprecedented???and some say unwarranted???scrutiny on job applicants. Individuals applying for jobs in the Obama administration are being asked to complete a seven-page questionnaire that asks a wide variety of questions, covering topics...

Trade Secrets in the NFL?

Posted on October 24, 2008
The intersection of law and professional athletics is often an interesting topic (e.g., why doesn???t Major League Baseball violate the Sherman Act?). Employment law is no exception. In recent days, former Green Bay Packer quarterback Brett Favre has come under...

EEOC Update guidance to conform with Americans with Disabilities Act Amendments of 2008

Posted on October 22, 2008
The EEOC???s update to its guidance entitled "The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities" makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must...

New Federal Law Requires Equal Coverage for Mental Illnesses

Posted on October 16, 2008
A new law quietly passed as part of the recent economic bailout package that requires insurance coverage to be equal for mental and physical illnesses. Health plans commonly provide less, or different, coverage for mental illness and addiction disorders than...

Confusion Surrounds Government Curbs on Executive Compensation

Posted on October 14, 2008
There has been a great deal of discussion recently on the need to address the widely-perceived problem of executive overcompensation. The recent financial meltdown on Wall Street has intensified this discussion. The federal government recently indicated that banks that accept...

Aviation Company Settles Whistleblower Suit on Air Safety Concerns

Posted on October 13, 2008
A Seattle area contractor to Alaska Airlines recently settled a whistleblower case related to airline safety concerns for $30 thousand. American Power, based in Auburn, WA, settled with a former employee who was laid off after accusing the company of...

PRO SE PLAINTIFF MAY NOT PURSUE CLAIMS IN A REPRESENTATIVE CAPACITY ON BEHALF OF AN ERISA PLAN

Posted on October 10, 2008
In an ERISA case alleging breach of fiduciary duty by a plan administrator, motion to dismiss is affirmed by the Ninth Circuit where even a plan's sole beneficiary cannot, on behalf of an ERISA plan, bring a pro se action...

New Law Expands Protection Under the ADA

Posted on September 25, 2008
With his father looking on, President George W. Bush today signed into law a bill expanding protection under the Americans With Disabilities Act. The ADA was originally signed into law by the first President Bush in 1990, and he considered...

Transsexual Wins Sex Discrimination Lawsuit Against Federal Government

Posted on September 24, 2008
A former Army Special Forces commander who was denied a job as a terrorism analyst won a sex discrimination lawsuit against the federal government last week because he was in the process of changing genders. U.S. District Judge James Robinson...

Former Vice Principal at Seattle High School Prevails in Sexual Harassment Suit

Posted on September 12, 2008
A former vice principal at Ballard High School in Seattle, WA was awarded over $600 thousand in damages following a jury trial in King County Superior Court based on allegations that she was subjected to sexual harassment. The former vice...

ADEA Permits Retaliation Claims Against a Federal Employer

Posted on September 12, 2008
Terry Whitman was employed by the Federal Aviation Administration as a Flight Data Specialist. He sued the FAA for violations of the Age Discrimination in Employment Act (???ADEA???), 29 U.S.C. ?? 633a et seq. when it promoted a student intern...

Ledbetter Speaks at the Democratic National Convention

Posted on August 29, 2008
Legal decisions issued by the federal courts, and particularly the U.S. Supreme Court, frequently have a political dimension. With each election, one or both major political parties frequently invoke such cases for political purposes. In this election cycle, one case...

Former Pierce County Prosecutor Wins Jury Award

Posted on August 20, 2008
A former prosecutor for Pierce County, Washington was awarded over $3 million last week, after a jury found that she had been wrongfully terminated in January 2004. The prosecutor, Barbara Corey, was a 20-year veteran of the prosecutor???s office. After...

Retaliation is not OK under FMLA

Posted on August 18, 2008
In a recent Six Circuit case, the employer-appellant???s contention that the Family Medical Leave Act does not prohibit retaliation against an employee who takes FMLA leave was rejected by the court. Plaintiff-Appellee Martha Bryant prevailed in a jury trial on...

Here is a report on recent jury verdicts in employment lawsuits

Posted on July 29, 2008
VERDICTS IN FAVOR OF EMPLOYEES A jury in Ohio awarded a whopping $47 million to an employee in an age discrimination case. The employee alleged that he was fired after he refused to fire three older workers because of concerns...

Compensatory Damages For Pain and Suffering Not Available Under ADEA

Posted on July 28, 2008
In a recent case, the 10th Circuit Court of Appeals reaffirmed that damages for emotional distress are not available to an employee suing under the Age Discrimination in Employment Act. In this particular case, the court held that the employee...

Washington Public Lands Commissioner Addresses Sexual Harassment Allegations

Posted on July 17, 2008
Washington???s public lands commissioner, Doug Sutherland, is in political hot water after documents recently surfaced showing that he inappropriately touched a new female employee in his own department. Public records show that in January 2005, Sutherland touched the young woman???s...

COURT: Pregnancy Discrimination Act Protects Employee Who Had Abortion

Posted on June 12, 2008
The Third Circuit Court of Appeals in the first case of its kind has ruled that the Pregnancy Discrimination Act protects an employee who has had an abortion. The Pregnancy Discrimination Act states that it prohibits discrimination because of ???pregnancy,...

Department of Labor Sues Washington Prisons for Overtime Violations

Posted on June 12, 2008
The Washington State Department of Corrections has been sued by the U.S. Department of Labor for widespread violations of the Fair Labor Standards Act. According to published reports, the damages in the case will likely be millions of dollars. After....

Longview Fibre Settles EEOC Disability Discrimination Claim for $175k

Posted on June 11, 2008
Longview Fibre has agreed to settle a charge of disability discrimination for $175,000 according the EEOC. An article about the case appears here. According to published reports, the company rescinded a job offer made to the claimant, Scott Harshbarger, after...

New Outdoor Heat Rules for Washington Workers

Posted on June 11, 2008
The Washington Department of Labor and Industries has adopted new rules for employees who work outdoors. The rules take effect on July 5 and are designed to address health hazards created by working outdoors in hot weather. According to the...

New Website Lifts the Veil on Employee Salaries and Evaluations

Posted on June 11, 2008
The creator of Zillow.com has launched a new website where propective employees can research salaries and employee evaluations at various companies. No doubt the data on this site will grow and become a good resource as more users contribute over...

Non-Compete Agreements and Protecting Trade Secrets

Posted on May 28, 2008
Employers concerned about protecting trade secrets or hiring an employee from a competitor may find this article informative. Employees also may find the information useful if they are weighing their options under a non-compete agreement or if they are considering...

Recent Employment Law Verdicts

Posted on May 27, 2008
Below are some recent reported verdicts in employment law cases. Verdicts in Favor of Employees Three white police officers were awarded a $10 million verdict against the City of Philadelphia in a retaliation case. The officers alleged that they were...

Video Interviews: Are They Legal?

Posted on May 09, 2008
Internet technology now makes it possible to interview an employee "in-person" anywhere in the world. The benefit to employers is obvious. No longer do employers need to pay expensive travel expenses to facilitate an in-person interview. At the same time,...

Washington Company Rejects Ban on Sexual Orientation Discrimination

Posted on May 08, 2008
An employment law issue generated controversy yesterday at a company's annual shareholder meeting in Seattle. The company is Expeditors International, a Fortune 500 global logistics company based in Seattle. It trades in the NASDAQ 100 and generates $5 billion in...

Age Discrimination Case: $560,000 in Attorneys? Fees

Posted on May 02, 2008
How do you turn a run-of-the-mill termination for poor performance into an $800,000 liability? We find the answer in the Sears Roebuck catalog. Former Sears employee Gunnar Steward sued for age discrimination after his termination for performance reasons...

Age Discrimination Case: $560,000 in Attorneys??? Fees

Congress Passes Genetic Information Nondiscrimination Act

Posted on May 01, 2008
Congress has passed a new employment discrimination law, the Genetic Information Nondiscrimination Act (GINA). The bill passed the House today by a vote of 414-1. The Senate approved it last week 95-0. It now goes on to President Bush to...

Turmoil Surrounds Election of Union Officers

Posted on May 01, 2008
We do not often hear about the internal turmoil that can surround the election of union officers. But, to borrow a phrase from Donald Rumsfeld, democracy is messy. Here is an article about two campaigns that are competing for the...

Supreme Court Considers Age Discrimination Burdens of Proof

Posted on April 24, 2008
The Supreme Court was busy with two employment cases yesterday. We reported below on the employee benefits case. The Court also heard arguments in Meacham v. Knolls Atomic Power Laboratory, which addresses the burdens of proof to be applied in...

Supreme Court Hears Important ERISA Case

Posted on April 24, 2008
The U.S. Supreme Court yesterday heard oral argument in the MetLife v. Glenn case. This is an important case that could affect all future lawsuits to collect benefits under an employee benefit plan. Where an employee benefits lawsuit is governed...

Another Court Allows ?Benefits Interference? Claim for Terminated Employee

Posted on April 22, 2008
We reported last month on the decision by the 7th Circuit Court of Appeals in Dewitt v. Proctor Hospital in which the court allowed a claim by a plaintiff who contended that she was fired because of her husband?s high...

"Public Policy" Wrongful Discharge Claim Based on Court Testimony

Posted on April 22, 2008
Here is an article about an interesting case filed recently in the United States District Court for the Western District of Washington. A counselor for a mental health agency alleges he was fired because of testimony he gave on the...

Another Court Allows ???Benefits Interference??? Claim for Terminated Employee

Boeing Joins List of Companies Seeking Pension Changes

Posted on April 19, 2008
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...

Court Permits ?Public Policy? Constructive Discharge Claim Based on Sexual Harassment

Posted on April 18, 2008
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...

Court Permits ???Public Policy??? Constructive Discharge Claim Based on Sexual Harassment

Are Public Employee Conversations Considered ?Private??

Posted on April 13, 2008
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...

Are Public Employee Conversations Considered ???Private????

New Leave Law for Victims of Domestic Violence or Sexual Assault

Posted on April 09, 2008
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...

New Military Family Leave Act in Washington

Posted on April 09, 2008
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...

Male Police Officer Wins $400,000 in Sex Harassment Case

Posted on April 08, 2008
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...

EEOC Finds Against University of Washington in Age Discrimination Case

Posted on April 08, 2008
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...

Subrogation and Reimbursement of Overpaid Benefits Under ERISA Plans

Posted on April 08, 2008
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...

$317,000 Race Discrimination Verdict for Farm Workers

Posted on March 29, 2008
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...

Washington Court Allows Wrongful Discharge Claim by Women?s Basketball Coach

Posted on March 26, 2008
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...

Employee Who Took Company Documents Charged With Computer Trespass

Posted on March 26, 2008
A criminal case filed in King County Superior Court demonstrates the consequences faced by an employee who takes company documents without permission. Gerald Eastman, an 18-year employee and former quality assurance inspector for Boeing, is on trial facing 16 felony...

Washington Court Allows Wrongful Discharge Claim by Women???s Basketball Coach

Posted on March 26, 2008
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...

Court: Subjective Hiring Process Permitted Racial Bias

Posted on March 24, 2008
A recent case in the 6th Circuit Court of Appeals demonstrates how discretionary decision-making can lead to employment discrimination claims. David Dunlap sued his employer for race discrimination under Title VII of the Civil Rights Act of 1964. Dunlap had...

4,000 Nurses On Strike in San Francisco

Posted on March 23, 2008
Nurses at eight Sutter Health Hospitals in the Bay Area started a 10-day strike on Friday, their third walk-out in six months. The nurses and the hospitals are at loggerheads in negotiations over healthcare, pensions, meal and break periods, and...

FLSA Misclassification and Overtime in Retail Jobs

Posted on March 23, 2008
C.R. Wright of Fisher & Phillips LLP recently posted this useful article on Fair Labor Standards Act litigation in retail jobs. The article notes a huge increase in overtime cases under the Fair Labor Standards Act and state wage and...

Wage Class Action Settled for $5.25 Million

Posted on March 23, 2008
The City of Colorado Springs agreed to pay police officers $5.25 Million in a wage and hour class action lawsuit. The suit concerned the classification of Sergeants as exempt employees under overtime laws and the time spent by police officers...

Starbucks Baristas Awarded $106 Million for Wage Claims

Posted on March 21, 2008
Last week, we wrote about the wage claim class action concerning the tip jar at Starbucks stores in California. A class of an estimated 120,000 Starbucks baristas requested pay for their fair share of money from the tip jar. The...

Aging Workforce Likely To Increase Age Discrimination Claims and Change Retirement Plans

Posted on March 21, 2008
Within 20 years, nearly 20% of Americans, 71 million people, will be age 65 or older. Thanks to the baby boomers, America is getting older and doing so at a rapid rate. Recently, a federal task force published a report...

Sexism at Work

Posted on March 19, 2008
Lis Wiehl is an author, TV Legal Analyst, and law professor who started her career at my favorite former law firm in Seattle. Here is an article on a recent speech of hers addressing sexism at work. Wiehl says that...

HIPAA and Britney Spears

Posted on March 19, 2008
We could not pass up an opportunity to mention Britney Spears here on our blog. As reported in this article, UCLA Medical Center is imposing discipline against 13 employees who looked at Britney?s medical records without permission. This seems to...

$2 Million Verdict in Retaliation Case

Posted on March 15, 2008
Earlier this week, a jury in Connecticut returned a $2 million verdict for the plaintiff in a discrimination and retaliation lawsuit. A school principal argued that she was retaliated against after reporting that two teachers had abused minority students...

$4.4 Million Discrimination Verdict Set Aside by Washington Court

Posted on March 14, 2008
In November 2007, a jury in Seattle awarded $4.4 million to Melissa Sheffield in a discrimination lawsuit. Sheffield sued her former employer, Goodyear Tire & Rubber Co., for retaliation after she complained of sexual orientation harassment, and she also claimed...

?Tens of Millions? from the Starbucks Tip Jar?

Posted on March 13, 2008
How much money is there in a coffee house tip jar? A trial is underway in San Diegoto find out. The jury will be asked to award damages to employees who allegedly were denied a fair share from the tip...

Defamation Liability During Workplace Investigations

Posted on March 13, 2008
The Ohio Employer's Law Blog reports today about an interesting case from the Ohio Supreme Court. The case concerns alleged defamatory statements in an internal investigation report about a police chief. The police chief sued for defamation after the report...

9th Circuit: Public Employee Drug Test Was Unconstitutional

Posted on March 13, 2008
Today the 9th Circuit Court of Appeals issued an opinion holding that a preemployment drug test on an Oregon public employee was unconstitutional. The plaintiff was offered a job in a city library conditioned on a drug test. She challenged...

???Tens of Millions??? from the Starbucks Tip Jar?

Posted on March 13, 2008
How much money is there in a coffee house tip jar? A trial is underway in San Diego to find out. The jury will be asked to award damages to employees who allegedly were denied a fair share from the...

Constructive Discharge Claim Dismissed by Washington Court

Posted on March 12, 2008
Yesterday, Division III of the Washington Court of Appeals issued an ?unpublished? opinion addressing constructive discharge under Washington law. The decision does not break any new ground in Washington employment law, which why it is unpublished, but it is worthwhile...

Supreme Court Considers Another Case On ERISA Remedies

Posted on March 12, 2008
As noted below, on February 20, the U.S. Supreme Court clarified a remedy issue under ERISA. Employees can sue under ERISA Section 502(a)(2) for fiduciary breaches that impair the value of assets in a 401(k) account. Last week, the Supreme...

Court Allows Lawsuit for Coworker Retaliation

Posted on March 10, 2008
In a recent case, the 6th Circuit Court of Appeals ruled that Title VII permits claims against an employer for acts of retaliation by coworkers. According to the court, an employer will be liable for a coworker's actions if: (1)...

Court: Disability Benefit Plan Can Require Objective Evidence of Disability

Posted on March 10, 2008
ERISA disability benefit plans commonly require objective medical evidence of disability. This can be a difficult hurdle for claimants who believe they are disabled by conditions that cannot be evaluated by objective evidence. In one recent case, for example, the...

Sharp Increase in Employment Discrimination Cases

Posted on March 09, 2008
According to the United States Equal Employment Opportunity Commission (EEOC), employment discrimination charges rose 9% in 2007, the largest increase in 15 years. The increases occurred in nearly every category and, for the first time, retaliation claims have outnumbered sex-based...

Court: Overtime Pay Required Even Where the Employee Was Not Authorized to Work Overtime

Posted on March 08, 2008
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...

Jury Verdict: $1.6 Million for Accused Harassers

Posted on March 08, 2008
An article from the LA Times (here) discusses a painful case against the Los Angeles City Fire Department. The case arises out of a hazing incident in which a black firefighter, Tennie Pierce, had his dinner laced with dog food....

Employer Ordered To Produce Employee Contact Information in Overtime Lawsuit

Posted on March 08, 2008
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)...

"Associational Discrimination" Claim For Termination Caused By Spouse?s Medical Costs

Posted on March 04, 2008
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...

ERISA Case Addresses Health Coverage for Eating Disorders

Posted on March 04, 2008
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...

More Workers Collecting Disability Benefits

Posted on March 04, 2008
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...

"Associational Discrimination" Claim For Termination Caused By Spouse???s Medical Costs

Posted on March 04, 2008
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...

$46,000 In Attorney's Fees for $44 in Unpaid Wages?

Posted on March 01, 2008
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 wages owed...

New EEOC Guidance on Disabled Veterans

Posted on March 01, 2008
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 Employment and Reemployment Rights Act (USERRA), and (2) how the ADA applies to recruiting, hiring, and accommodating veterans with service-connected disabilities.

$4 Million Award to Former Executive in Non-Compete Dispute

Posted on March 01, 2008
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...

Lowe's Store in Longview, Washington Sued for Sexual Harassment

Posted on February 27, 2008
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 that a store manager told her she could advance in the company if she had sex with him...

A Few Words About Non-Compete Agreements in Washington

Posted on February 27, 2008
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 agreements can be difficult to enforce...

Sexual Harassment Case Results in $5.3 Million Verdict

Posted on February 26, 2008
Today a federal court jury in Florida awarded a sexual harassment plaintiff $5.4 Million. The case was filed by a woman who alleged the defendant touched her and offered her money for sex, among other things. An article about the case appears here...

U.S. Supreme Court: Employment Discrimination Evidence Must Be Determined by Trial Courts

Posted on February 26, 2008
The U.S. Supreme Court is busy with an unusually large number of employment cases this term, and today the Court issued its opinion in one closely watched case. By many accounts, the decision is somewhat of a letdown for employment attorneys because the Supreme Court did not really decide much of anything, and certainly did not change the law or the way that employment discrimination cases will be litigated...

Wage Claims Can Go Forward Where Employer Failed to Pay Under Settlement Agreement

Posted on February 25, 2008
A new published case from the Washington Court of Appeals addresses the proper remedy when an employer fails to pay a case is settled. The case is Rosen v. Ascentry Technologies, Inc. and can be found here. In this case, Rosen sued Ascentry for breach of contract and unpaid wages...

Supreme Court Allows Employee to Sue for 401(k) Losses

Posted on February 20, 2008
Today the Supreme Court said that a 401(k) participant can sue for losses when a plan fiduciary fails to follow investment directions. A copy of the opinion is here. In the case, James LaRue of Southlake,Texas, contends that his stock market holdings plunged $150,000 because administrators of his 401(k) retirement plan failed to follow his instructions to switch to safer investments...

Supreme Court Agrees to Hear 3 More Employment Cases

Posted on February 19, 2008
The Supreme Court agreed to review three more employment cases addressing: (1) whether an arbitration clause in a collective bargaining agreement can apply to statutory issues as well as contract issues; (2) whether a union may charge non-union members for litigation costs expended on behalf of the union members; and (3) how a divorcing spouse may waive rights to the other spouse's ERISA pension benefits...

Split Decision in Litigation Over CIGNA Cash Balance Pension Plan

Posted on February 19, 2008
Those following employee benefits litigation know that there have been hundreds of cases filed over the trend by companies to convert their traditional, defined benefit pension plans to cash balance plans. Another ruling was issued late last week in a class action case involving a plan conversion by CIGNA...

Workplace Bullying Legislation Introduced in 13 States, Including Washington

Posted on February 18, 2008
Legislation has been introduced in 13 states, including Washington, to allow employee lawsuits against employers for bullying or offensive behavior even when the conduct is not illegal harassment under discrimination laws. For an interesting article on these bills see "No Putting Up With Putdowns"...

Overtime and Misclassification Class Action Goes Forward Against FedEx

Posted on February 18, 2008
A federal district court judge in California has certified a class action of former managers suing for overtime pay. The managers argue that they were improperly classified from overtime because most of their time was spent doing manual labor rather than managerial tasks...

Employee Use of Cell Phone Leads to $5.2 Million Verdict

Posted on February 16, 2008
Here is an expensive lesson for an employer, in this case International Paper. One of its employees rear-ended another car while talking on a company cell phone causing severe injuries to the driver of the other car. A jury hit International Paper with a $5...

Employee Fired for Smoking May Pursue Claims Under ERISA and State Privacy Laws

Posted on February 16, 2008
This interesting case is in the federal district court in Massachusetts. The employee was discharged for smoking while off-duty under an employer policy prohibiting all smoking, even outside of the workplace. A copy of the opinion can be found here, and an article about the case is here...

Washington Supreme Court Rejects Claims Based on Delayed Payment of Wages

Posted on February 14, 2008
The plaintiffs in this wage and hour class action challenged a practice whereby overtime earned during one month would be paid at the end the following month. In this case, corrections officers in Thurston County would submit time sheets for overtime at the end of the month and the wages were paid on the last day of the following month...

Romance in the Workplace & "Love Contracts"

Posted on February 14, 2008
In a timely article for this Valentine's Day, see this article from Nixon Peabody and this article from Human Resources Executive Online on romance in the workplace and so-called "love contracts."

DOL Advisory Opinion: State Wage Deduction Statute Preempted by ERISA

Posted on February 14, 2008
The Department of Labor has issued an interesting advisory opinion holding that a Kentucky wage deduction withholding statute is preempted by ERISA to the extent it limits placement of employees into default health care plans. In this situation, employees who fail to choose a plan are placed into one by default and the employee?s share of coverage is collected through payroll deductions...

Things to Know About Employment Practices Liability Insurance

Posted on February 13, 2008
Daniel Schwartz of the Connecticut Employment Law Blog today published a Blog post on Employment Practices Liability Insurance (EPLI) called Insurance for Employers (EPLI) - The Good, the Bad, the Unknown. The post can be read here. It builds on some points by Michael Moore, of the Pennsylvania Employment Law Blog (posted here), and identifies some of the issues employers should look at and what employers should know...

National Labor Relations Board Approves New E-Mail Policies

Posted on February 13, 2008
In a recent ruling, the NLRB tweaked its views on whether and how employers may restrict the use of workplace email systems. For a good analysis of the ruling, see this article.

Busy Term for the U.S. Supreme Court on Employment Law Issues

Posted on February 13, 2008
In addition to the MetLife case reported below, the U.S. Supreme Court is set to hear several employment law issues this term. Look for more information as these rulings are handed down. Crawford v. Metropolitan Government of Nashville and CBOCS West Inc...

Racial Slurs Result in $500,000 Verdict

Posted on February 13, 2008
Check out this article about a case that resulted in a $500,000 verdict in a discrimination case against a company in Alabama. The verdict was the result of the company's failure to stop the use of racial slurs at work and the discharge of an employee after he refused to sign an agreement to arbitrate his claims...

U.S. Supreme Court Petition in San Francisco Health Care Benefits Case

Posted on February 12, 2008
Back in 2006, the City of San Francisco passed an ordinance requiring all businesses with 20 or more employees to pay a fee to help cover health care costs. A restaurant group successfully argued that the law was preempted by ERISA. The case is now on fast-track status in the 9th Circuit, with briefs due in April and a possible ruling next summer...

Sexual Harassment and Disability Accommodation Claims Dismissed

Posted on February 12, 2008
The Washington Court of Appeals recently affirmed the dismissal of an interesting case involving allegations of sexual harassment, retaliation, and disability discrimination. Briefly, the plaintiff, Moon, was allegedly asked for sex and sexually assaulted by a supervisor at her home after a party with other coworkers...

Who Won the Writers' Strike?

Posted on February 12, 2008
During the Vietnam War era, the late Sen. George Aiken, R-Vt., famously told both Presidents Lyndon B. Johnson and Richard M. Nixon that they should ?declare victory and get the hell out.? It appears that is what both sides have done in the writers' strike...

FMLA Amended to Add New Leave Rights for Military Families

Posted on February 12, 2008
On January 28, 2008, President Bush signed the National Defense Authorization Act of 2008. The Act includes significant revisions to the Family Medical Leave Act of 1993 (FMLA). FMLA coverage is expanded to employees who care for family members injured while on active military duty or for other exigent circumstances caused by active military service...

New FMLA Regulations

Posted on February 11, 2008
The U.S. Department of Labor has issued its new proposed regulations for the Family and Medical Leave Act. They are published here. The DOL will accept comments until April 11 before issuing final regulations.

U.S. Supreme Court to Hear Important ERISA Case on April 23

Posted on February 11, 2008
On April 23, 2008, the U.S. Supreme Court will hear arguments in MetLife v. Glenn. This is an important case that may affect all future lawsuits to collect benefits under an employee benefit plan. Where a benefits case is subject to ERISA, the lawyers in nearly every case argue over the standard of review...

Washington Supreme Court: Commuting in Company Vehicle Counts as Time Worked for Overtime Pay

Posted on February 11, 2008
The Washington Supreme Court ruled on October 18, 2007, that time spent driving to and from work in a company vehicle should be considered as hours worked and included in calculations of overtime pay. The case, Stevens v. Brink's Home Security, Inc...

Washington Court Dismisses Medical Marijuana Lawsuit

Posted on February 10, 2008
Superior Court Judge Sally F. Olsen dismissed a lawsuit filed in Kitsap County Superior Court alleging that an employee was wrongfully discharged for using marijuana. An article about the case can be found here. The employee alleged a claim for wrongful discharge in violation of public policy arguing she was using legally using medicinal marijuana under Washington law...