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 […]
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 […]
Helsell Fetterman wishes to remind all clients that the new regulations scheduled to go into effect today, December 1, WILL NOT go into effect today. A Federal Judge in Texas issued an injunction last week blocking the implementation. This injunction is nationwide. It is unclear whether the regulations will be revived given the current political […]
We alerted attendees of our Spring Employment Breakfast that the City of Seattle was conducting a survey regarding shift scheduling to consider implementing regulations surrounding shift scheduling. On August 9, the City issued its proposed regulations. Many businesses will find them onerous; at this time, the proposed regulations, if adopted, will apply only to quick […]
As our blog followers and Breakfast attendees know, the Helsell Fetterman Employment & Labor Law group has been addressing the dangers of misclassification of employees as independent contractors, and increasingly strict interpretations of who is an independent contractor. This trend is further exemplified in the new case handed down by the Washington State Supreme Court, […]
The City of Seattle has approved a comprehensive set of amendments, the 2015 Wage Theft Prevention and Labor Standards Harmonization Ordinance to Seattle’s labor standards laws. While effective as of April 1, 2016, many of these new requirements are in “soft launch”, that is, there will be no enforcement or penalty until September 1, 2016. Some of […]
This morning former USC football coach Steve Sarkisian filed suit in California, seeking $30.1 million in damages, alleging that his former employer failed to accommodate a disability recognized under California law, alcoholism.
Employers frequently inquire as to whether they can discharge an employee for marijuana use in Washington, a state which allows for legal medical and recreational use of marijuana, and we affirm that they can do so if acting in accord with their stated policies and if applied in a non-discriminatory manner.
The Washington State Supreme Court has invalidated the Charter Schools Act because its funding provisions violate the Washington State Constitution. The Court found that the unconstitutional funding provisions of the Act cannot be segregated from the rest of the Act, so that the entire Act is invalid.
The US Supreme Court has ruled that same sex couples have a fundamental right to marriage protected under the US Constitution. In Obergefell et al v. Hodges, the Court found Constitutional protection under the Due Process and Equal Protection clauses. The vote was 5-4 with extensive dissenting opinions.