Latest in Employment Law

Family Care Act Allows Employee to Use Disability Plan to Care for Family Member Where Employer Does Not Provide Sick Leave

WELA ALERT: WASHINGTON COURT OF APPEALS Family Care Act Allows Employee to Use Disability Plan to Care for Family Member Where Employer Does Not Provide Sick Leave The employer in this case did not provide paid sick leave. When employees are ill they may receive paid leave through a short-term disability (“STD”) plan. Employees also receive two paid personal days and...

District Court Improperly Granted Employer Summary Judgment on Retaliation, Discrimination and Hostile Work Environment Claims

WELA ALERT: NINTH CIRCUIT District Court Improperly Granted Employer Summary Judgment on Retaliation, Discrimination and Hostile Work Environment Claims Plaintiff was born in Mexico and moved to the United States several decades ago at age 15.  He became a United States citizen in 1981.  From 2004 to 2010, Efrain worked as a millwright at Roseburg, where he performed his job well...

De Facto Corporate Officers Are Liable For Willful Withholding of Wages Earned Before a Chapter 7 Bankruptcy Regardless of Pay-Day

WELA ALERT: WASHINGTON SUPREME COURT De Facto Corporate Officers Are Liable For Willful Withholding of Wages Earned Before a Chapter 7 Bankruptcy Regardless of Pay-Day Plaintiff was the CFO of a financially troubled company. After failing to obtain additional financing, the Board of Directors began to make preparations for a Chapter 7 bankruptcy filing. The Board ordered the CFO to terminate...

Railway Labor Act Pre-Empts Fine State Agency Issued to Airline Based on Flight Attendant’s Claimed Violation of Washington Family Care Act

WELA ALERT: NINTH CIRCUIT Railway Labor Act Pre-Empts Fine State Agency Issued to Airline Based on Flight Attendant’s Claimed Violation of Washington Family Care Act An Alaska Airlines flight attendant called in sick in May to care for her son, who was ill. She had used up all her sick leave. She had vacation time available, but did not have an...

Automobile Service Advisors Do Not Fall Within an FLSA Exemption

WELA ALERT: WASHINGTON COURT OF APPEALS Automobile Service Advisors Do Not Fall Within an FLSA Exemption Plaintiffs are services advisors at Mercedes-Benz dealers. They filed a class-action for unpaid overtime. The district court held they fell within the FLSA exemption applicable to “any salesman, partsman, or mechanic primarily engaged in selling or servicing automobiles.” The Ninth Circuit reversed based on deference...

Warren Besco v. City of Longview; No. C15-5493-RJB

Court: U.S. District Court for Western District of Washington at Tacoma Judge: Robert J. Bryan Date Filed: 07/16/2015 Date of Settlement or Verdict: Verdict 11/14/2016; Settlement 12/29/2016 Total Amount of Judgment or Settlement: judgment - $651,206.08 attorney fees - $166,087.50; expenses allowed - $31,094.23 (total attorney fees and expenses = $197.181.73) costs granted = $8,114.78 Basic Facts and Claims: Plaintiff was 30 year employee of city...

Decision: State of Washington v. Arlene’s Flowers, SCT No. 91615-2 (2017)

Yesterday the Washington Supreme Court issued a decision in State of Washington v. Arlene's Flowers, SCT No. 91615-2. Plaintiffs are a gay couple seeking to buy a floral arrangement from Arlene's Flowers for their wedding.  Arlene's Flowers denied their request based upon their alleged strongly held religious beliefs, and based upon their assertion that floral arrangements are a form of...

WELA files amicus curiae brief in Brady v. AutoZone Stores, Inc., addressing meal break responsibility and liability

In this proposed class action lawsuit, the U.S. District Court for the Western District of Washington certified questions to the Washington Supreme Court regarding the responsibility of employers under the meal break regulation, WAC 296-126-092, and the burden placed on employees to prove employer violations.  WELA filed an amicus curiae brief in favor of the employees that makes two...

Proof of Replacement Outside Protected Class Not Required-But Relevant

WELA ALERT: WASHINGTON COURT OF APPEALS While Proof of Replacement by Someone Outside Protected Class is Not Required Element of Prima Facie Case under RCW 49.60, it is a Relevant Fact on Summary Judgment Plaintiff was a part-time manager of accounting for the PUD for 27 years. Upon the termination of the General Manager, she was promoted to Interim General Manager,...

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