By and large, independent schools are not subject to Title IX and its guidance regarding sexual misconduct complaints. However, often our parents have Title IX-like expectations. Under the Obama administration, more aggressive enforcement was the norm and the parent expectation. Education Secretary Betsy DeVos rescinded those guidelines in 2017. On Friday, November 16, 2018, the […]
The Washington Human Rights Commission Task Force published its draft Model Procedures and Best Practices (“Model Procedures”) to address sexual harassment in the workplace today, November 5. These draft Model Policies and Procedures can be found at here. Comments on the proposed Model Procedures are being accepted until November 30, 2018 at firstname.lastname@example.org. The proposed […]
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.