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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.
Post Frequency: 1.8/day Last Entry: June 18, 2009 at 17:37:06 Recent Entries: 237
By Donald W. Heyrich
Go to Washington Labor, Employment & Employee Benefits Law, find other Labor & Employment Law blogs, or browse all law blogs.
COURT: Pregnancy Discrimination Act Protects Employee Who Had Abortion
Posted on June 12, 2008The 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, 2008The 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, 2008Longview 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 According to published reports, the company rescinded a job offer made to the claimant, Scott Harshbarger, after...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, 2008The 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, 2008The 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, 2008Employers 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, 2008Below 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, 2008Internet 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, 2008An 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, 2008How 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
Posted on May 02, 2008How 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...
Congress Passes Genetic Information Nondiscrimination Act
Posted on May 01, 2008Congress 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, 2008We 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, 2008The 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, 2008The 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, 2008We 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, 2008Here 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
Posted on April 22, 2008We 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...
Boeing Joins List of Companies Seeking Pension Changes
Posted on April 19, 2008Boeing 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, 2008Candace 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
Posted on April 18, 2008Candace 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...
Are Public Employee Conversations Considered ?Private??
Posted on April 13, 2008A 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????
Posted on April 13, 2008A 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...
New Leave Law for Victims of Domestic Violence or Sexual Assault
Posted on April 09, 2008Substitute 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, 2008Effective 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, 2008Out 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, 2008Here 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, 2008Recent 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, 2008A 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...
$317,000 Race Discrimination Verdict for Farm Workers
Posted on March 29, 2008A 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...
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Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Military Veterans Benefits
How to obtain full range of benefits for veterans and dependnets
Military Veterans Benefits, Part 3
Other Benefits
Military Veterans Benefits, Part 4
Where to get help
Employment Contracts
General Contract Law Principles
Employee Lawsuits (An Introduction and Topic Overview)
How employers can cope with the siege of employee lawsuits
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
Can I sue my employer for being unethical, undue stress, and making false promises to get me to stay at my job?
You can sue him personally for it. It's can fall under harassment and possi...
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
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Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
It seem sin your case that the fact you filed the complaint prior to being dissa...
Can I sue my employer for being unethical, undue stress, and making false promises to get me to stay at my job?
You can sue him personally for it. It's can fall under harassment and possi...
How to collect a personal loan from a spouse?
You local court will probably have someone to offer you some assistance as you p...
How to prevent an arrest from appearing in the local newspaper?
Dont know the law in Minnesota but in most jurisdictions an arrest is a matter o...
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