Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more
Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more
9/15/2015
/ Best Practices ,
Disparate Treatment ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
McDonnell Douglas Formula ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Small Business ,
Young v United Parcel Service
Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...more
9/3/2015
/ Appeals ,
Best Management Practices ,
Commercial Truck Drivers ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Jury Awards ,
Prescription Drugs ,
Promissory Estoppel ,
Trucking Industry ,
Zero Tolerance Policies
On July 15, 2015, the U.S. Department of Labor (“DOL”) issued an important Administrator’s Interpretation discussing the misclassification of employees as independent contractors. Many companies engage independent...more
Pregnancy discrimination continues to evolve following the Supreme Court’s 2015 decision in Young v. UPS. As anticipated, the U.S. Equal Employment Opportunity Commission (“EEOC”) released an updated guidance, Q&A resource,...more
Yesterday, in EEOC v. Abercrombie & Fitch Stores, Inc., 575 U.S. ___ (2015), the Supreme Court of the United States held that an applicant does not need to inform an employer of her need for a religious accommodation in order...more
6/3/2015
/ Abercrombie & Fitch ,
Best Management Practices ,
Disparate Treatment ,
EEOC v Abercrombie ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Job Applicants ,
Religious Accommodation ,
Religious Clothing ,
Religious Discrimination ,
Retailers ,
Title VII
The Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a final rule on May 27, 2015, that purports to clarify the definition of “waters of the United States” under the Clean Water Act...more
Before suing an employer for discrimination, the Equal Employment Opportunity Commission (“EEOC”) must try to remedy unlawful workplace practices through informal methods of conciliation. The EEOC sued Mach Mining in federal...more
Washington State Governor Jay Inslee signed legislation making Washington among the five US states with the most rigorous data breach notification laws enacted to date. Washington joins Florida, Ohio, Vermont, and Wisconsin...more
On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more
When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more
The Supreme Court of the United States recently issued its decision in Young v. United Parcel Service, Inc.. Vacating and remanding the Fourth Circuit’s decision, the Court concluded that the Pregnancy Discrimination Act...more
Late last week, the National Labor Relations Board (the “Board”) issued a long-anticipated final rule implementing dramatic changes to the procedures for union representation elections. The so-called “quickie election” or...more
As a general business practice, employers should routinely anticipate and prepare for emergencies to ensure minimal interruption to their business. While West Africa is experiencing the largest Ebola epidemic in history,...more
Question:
My company relies on independent contractors, over whom we don’t exert control. They often joke around with each other. I’m not liable for employment discrimination if I terminate one of them after they...more
Companies using independent contractors should be aware of increased enforcement efforts from federal and state labor and tax authorities over misclassification of workers under wage and hour and tax laws. In Washington, this...more
I’m the owner of a small record store. I have 13 sales clerks and 4 back room employees. Things aren’t great these days – but we get by. Fortunately, while people listen to music on their phones and the internet way more than...more
In Cejas Commercial Interiors Inc. v. Torres-Lizama, the Oregon Court of Appeals recently held that an employee working for a construction subcontractor was not an employee of the general contractor for purposes of Oregon...more