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Following the untimely demise only weeks ago of the judge many considered the “liberal lion” of the court, on April 9, 2018, the U.S. Court of Appeals for the Ninth Circuit filed (what is likely) the last opinion authored by Judge Stephen Reinhardt. The matter of Rizo v. Yovino concerns Aileen Rizo, a female employee […]
On February 26, 2018, the U.S. Court of Appeals for the Second Circuit in a 10-3 decision concluded that the prohibition against sex discrimination established in Title VII of the Civil Rights Act, includes sexual orientation. The case, Zarda v. Altitude Express, Inc., No. 15-3775, concerns a skydive instructor who alleged he was terminated after […]
A little over two months ago, we reported that the National Labor Relations Board (“NLRB”) overruled the Browning-Ferris joint employer test in a case called Hy-Brand Industrial Contractors, Ltd. and Brandt Construction Co. Under Browning-Ferris, companies faced greater responsibility for the employment practices of their contractors and franchisees. In turn, Hy-Brand limited the circumstances in […]
On January 10th, U.S. Immigration and Customs Enforcement (“ICE”)[1] agents targeted nearly 100 7-Eleven stores nationwide in search of undocumented workers. The raids at the 7-Eleven stores are the result of the Trump Administration’s efforts to increase raids and compliance investigations. It comes as no surprise, therefore, that employers should take proactive measures in order […]
On December 14, 2017, the National Labor Relations Board (“NLRB” or “Board”) limited liability in employment law cases by heightening the standard for what constitutes a joint employer. In its 3-2 decision, the NLRB overruled its 2015 decision in Browning-Ferris Industries of California, Inc. d/b/a BFI Newby Island Recyclery (“Browning-Ferris”)[1] and abandoned the Obama-era expansion […]
During this holiday season, for many employers the “holiday party” is a tradition to develop inter-personal relationships amongst colleagues and celebrate the end of the year together. In keeping with the festive mood, employers often provide ample food and drinks for everyone to enjoy. However, this year, employees might notice an absentee at their holiday […]
On November 9, the Washington State Supreme Court (WSSC) en banc filed its opinion on the certified question of whether “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation in opposition to discrimination against a different employer.” In short, the WSSC concluded yes, […]
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 […]
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 […]
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 […]