The Equal Employment Opportunity Commission (EEOC) has seen an increase among workers claiming discrimination based upon religion, national origin or disability.
According to a press release issued by the EEOC, 93,277 discrimination claims were filed with the EEOC in 2009, resulting in $376 million in recovery for the victims. Majority of the claims were based upon [...]
Jan
7
2010
7
2010
EEOC Finds Record-High Complaints of Discrimination
Jan
1
2010
1
2010
Start 2010 Right: Is Your Non-Compete Enforceable?
As we enter a new decade, many are looking to hit the “reset” button in their career by either branching off on their own or joining a competing company. Before making such changes, many individuals have approached me with valid concerns over the enforceability of their non-compete agreements with their current employers.
Governing Law
In reviewing your [...]
Dec
14
2009
14
2009
Employees’ Right to Privacy Extends to Texts & Emails in Workplace
The U.S. Supreme Court will decide shortly whether to hear the employer’s appeal of the matter, Quon v. Arch Wireless, wherein a 9th Circuit Court of Appeals ruled that employees have a constitutional right to privacy in their text messages, even those containing sexually explicit content sent to co-workers. The case concerned two police officers [...]
Dec
3
2009
3
2009
Hiring Unemployed Workers For Free May Be Illegal
The growing gaps in employment on resumes are inflicting panic. Job seekers are no longer so keen on a earning wage, but rather have become desperate to just maintain marketable skills by working for free.
For those who have managed to side-step a lay-off so far, are instead being asked by their employers, like British Airways [...]
Nov
30
2009
30
2009
9th Circuit: Independent Contractors’ Rights Expanded
According to a recent 9th Circuit Federal Court of Appeals decision, Fleming v. Yuma Regional Medical Center, independent contractors are now protected by the federal Rehabilitation Act. This Act prohibits the contracting paying party from discriminating against its independent contractor based upon a known disability. The 9th Circuit applies to Washington, Oregon, Idaho, Alaska, Nevada, [...]
Nov
25
2009
25
2009
Employers Taking Advantage of Economic Recession
With unemployment peaking at 9.3% in Washington State, some employers are taking advantage of the economic situation and unknowingly breaking the law. In an attempt to avoid lay-offs, many employers are cutting costs by either lowering employees’ wages or increasing hours without paying overtime.
The Fair Labor Standards Act (FLSA) requires overtime pay for employees, with [...]
Nov
16
2009
16
2009
New Law Protects Employees From Discriminatory Genetic Testing
The Genetic Information NonDiscrimination Act (GINA) will take effect this weekend. It shields employees from genetic testing requested by employers and group health insurers. Historically, employers and their health insurers have used genetic testing as a means of “weeding out” those with “bad genes,” whether by disputing coverage or cleverly drafting policies to exclude coverage [...]
Nov
11
2009
11
2009
When Is Employer Liable for On-The-Job Injuries and Deaths?
Each day 16 people die on-the-job by an avoidable cause. While the United States has federal and state regulations to protect workers, such as the Occupational Safety and Health Act (OSHA) and state Workers Compensation funds, the laws are not routinely enforced. Workplace inspections are rarely done, exposing workers to avoidable hazards.
In Washington State, generally, [...]
Sep
30
2009
30
2009
Unemployed, Be Warying of Headhunting Fraud
In an economic market where everyone, ranging from blue-collar workers to laid-off executives, are struggling to find employment, the weak are getting preyed on by the deceitful.
A Minnesota-based headhunting company, Arthur Group, is being sued by the Attorney General’s (AG’s) office for engaging in fraud. Former employees of Arthur Group confirmed that the company rarely [...]
Sep
19
2009
19
2009
Fired for taking extended sick leave?
Recently many have asked me the same question: if I am sick and have to take extended leave, can my employer lawfully fire me? The answer depends on the size of your employer and the nature of your illness.
If your illness impairs your ability to perform a significant daily life activity (driving, preparing meals, grooming, [...]
