On July 23, 2018, the Seattle City Council voted to approve the Domestic Workers Ordinance (the “Ordinance”), a new labor standards legislation for domestic workers. The Ordinance will guarantee Seattle’s minimum wages, rest breaks and other rights for domestic workers. It will restrict a hiring entity from keeping any domestic worker’s original documents or other […]
Employment
New Washington Law Limits Discovery of Health Care Information
Effective today, June 7, is a new law passed by the Washington Legislature that limits discovery of health care information in claims for non-economic damages brought under the Washington Law Against Discrimination (WLAD), RCW 49.60. Under the new section, health care information will not be relevant to a claim unless the claimant puts their health […]
Immigration Audits on the Rise
As expected, the Trump Administration continues to increase the number of immigration audits to verity the employment eligibility of employees. The federal government’s “culture of compliance” focuses on employers, with the goal of discouraging unauthorized immigration by limiting employment access to undocumented workers. This May, the Associated Press (“AP”) published an article confirming this sharp […]
Court Rules Prior Salary Is Not a Defense Against Equal Pay
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 […]
Sexual Orientation Discrimination is a Form of Sex Discrimination
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 […]
NLRB Vacates Hy-Brand Decision; Browning-Ferris Joint Employer Test Back in Effect
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 […]
Raids and Employment Verifications: An Employer’s Guide to Prepare for ICE Visits
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 […]
NLRB Overrules the Browning-Ferris Joint Employer Test
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 […]
Holiday Cheer, But No Beer?
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 […]
Refusal to Hire an Applicant Due to Prior Opposition to Discriminatory Practices of a Prior Employer Can Expose Employer to Liability Under WLAD
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, […]