On October 19, 2017, the Washington State Supreme Court entered its opinion in the matter of Mikkelsen v. Public Utility District No. 1 of Kittias County, et al. In Mikkelsen, the female plaintiff sued her former employer (a utility district) for wrongful discharge based on gender and age discrimination, and failure to follow the progressive […]
Employment
Gender Identity No Longer Protected Under Title VII
Following close on the heels of other Obama administration-era rollbacks (see Education Secretary Betsy DeVos’s recent announcement rescinding prior guidance as to the standard of proof to be applied under Title IX), Attorney General Jeff Sessions announced yesterday that it is the Department of Justice’s position under President Donald Trump that it will no longer interpret […]
New Washington Paid Family Leave Measure (Not to Be Confused With Washington Paid Sick Leave)
Beginning in 2020, workers in Washington State will be eligible to receive paid time off for the birth or adoption of a child or for serious medical conditions. This new measure is not to be confused with the State paid sick leave which was approved by initiative last year (we know these rapid-fire changes can […]
The Enjoined DOL Overtime Rules Have Been Struck Down
Back in November, we reported that a federal judge in Texas issued an injunction blocking the implementation of the Department of Labor’s new overtime rules (the rules increased the minimum salary threshold for overtime exemption). The rules were set to become law on January 1, 2017 but the injunction still applied at that time so […]
Court of Appeals Blocks Uber, Lyft and Other For-Hire Drivers from Unionizing
On August 29, 2017, the U.S. Court of Appeals for the Ninth Circuit temporarily blocked implementation of a City of Seattle ordinance that would allow Uber and Lyft and other for-hire drivers to unionize and negotiate contract terms. The injunction follows a district court judge’s order dismissing one of two companion cases that challenged the […]
Workplace Compliance: I-9 Guidance for Employers of DACA Recipients
On June 15, 2012, President Barack Obama issued an executive order called Deferred Action for Childhood Arrivals (DACA). Since 2012, DACA has allowed nearly 800,000 eligible noncitizens who were brought to the U.S. as children to apply for two years’ protection from deportation/removal, as well as employment authorization. While the future of DACA is still […]
Ninth Circuit Holds that Employers May Use Salary History To Pay Men and Women Differently
Last month the Ninth Circuit held that employers may legally inquire into an employee’s or prospective employee’s salary history and use that information to pay men and women differently for the same work. Despite the Ninth Circuit’s ruling, employers with a practice or policy of inquiring into applicants’ prior salaries should review their policies and […]
State Supreme Court Reaffirms Commitment to Personal Liability for Wage and Hour Claims
In a unanimous decision, the Washington State Supreme Court answered two questions regarding wage withholding as certified by the Western District of Washington. A corporation’s Board of Directors had determined to file Chapter 7 bankruptcy on a date before the normal payroll date, and then argued that they could not be held liable for wage […]
REMINDER: Employers Must Use New I-9 Form Beginning January 22, 2017
As you know, employers must complete a Form I-9 for every new employee hired after November 6, 1986. If you haven’t switched to the I-9 Form dated 11/14/16 yet, NOW is the time to do so. Starting January 22, 2017, USCIS will only accept the 11/14/16 edition. Until then, you can use the 03/08/13 edition, […]
EEOC Issues Workplace Guidance for Addressing Mental Health Conditions
On December 12, 2016 the EEOC issued new guidance to covered employers regarding accommodating mental health conditions under the Americans with Disabilities Act (ADA). The new guidance makes clear that the EEOC regards certain mental health conditions as easily qualifying for a duty of reasonable accommodations. These qualifying conditions include: major Depression, Post Traumatic Stress […]