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
30
2009
30
2009
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, [...]
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, [...]
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 [...]
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, [...]
