Amicus Briefs

Decision: Jin Zhu v. North Central Educational Service District ESD 171

Thursday, November 09, 2017 Today the Washington Supreme court issued a decision in Jin Zhu v. North Central Educational Service District- ESD 171, No. 94029-9. Court holds employers who refuse to hire an employee who opposed discrimination in a prior job may be sued for retaliation.  In this case, Plaintiff made a race discrimination and retaliation suit against his prior employer...

WELA files amicus brief in Zhu v. North Cent. Educ. Dist. No. 171, addressing retaliation at a prospective employer for claim with former employer

On July 26, 2017, WELA filed an Amicus Curiae brief in the Supreme Court of Washington in Zhu v. North Cent. Educ. Dist. No. 171, No. 94209-9.  In this case, Plaintiff made a race discrimination and retaliation suit against his prior employer, which settled, and was later applied for employment with the defendant, which knew about the prior race...

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...

Federal Labor Law Does Not Pre-Empt State Law – Jury’s Interpretation of the CBA Not Required

WELA ALERT: NINTH CIRCUIT  Federal Labor Law Does Not Pre-Empt State Law Gender Based Hostile Work Environment Claim Because It Did Not Require Jury’s Interpretation of the CBA Plaintiff worked for UPS at Boeing Field in Seattle. She was represented by a union. She frequently complained of discrimination and demeaning treatment based on gender. She filed numerous grievances. In 2009 she...

Supreme Court decides Allen v. Dameron, affirming individual liability for wages even after bankruptcy

The Washington Supreme Court reaffirmed yesterday that officers, vice principals, and agents of an employer can be personally liable for unpaid wages despite the company going bankrupt, even if the payday on which the wages were due occurred after the bankruptcy was filed.  The Court had reached the same conclusion in 2009 in Morgan v. Kingen.  This case came...

No Attorney-Client Privilege between Corporation and Former Employee

WELA ALERT:  WASHINGTON SUPREME COURT Attorney-Client Privilege Does Not Extend to Communications between Corporation and Former Employee The plaintiff suffered a brain injury during a high school football game. He filed a lawsuit against the school district three years later. School district counsel interviewed several former coaches and appeared on behalf of the coaches at their depositions. Plaintiff’s counsel moved to...

WELA files Amicus in EEOC v. BNSF

Monday December 19, 2016 WELA filed an amicus brief in EEOC v. Burlington Norther Santa Fe Railroad Company ("BNSF").  A job applicant was offered a position with BNSF conditional upon passing a background check and a medical physical.  After a medical review by BNSF, it required the applicant to produce a current MRI at the cost of $2,000. The...

Supreme Court Decides Newman v. Highland School District

On October 20, 2016, the Washington Supreme Court decided that the attorney client privilege was inapplicable to communications made after the termination of the employment relationship between former employees and a corporate attorney. “e hold that the privilege does not broadly shield counsel's post employment communications with former employees.”  See the Court's Opinion. In October 2015, Blythe Chandler and Jeffrey...

Retail Sales Establishment Exemption in Washington is Broader than Federal Exemption

WELA ALERT: Case Update Cooper v. ALSCO,  --- Wn.2d --- , --- P.3d ---- (8/4/16) Retail Sales Establishment Exemption from the Washington Minimum Wage Act is Broader than Analogous Federal Exemption Alsco is a textile rental and sales company that supplies uniforms, linens, and other products to other businesses in industrial, hospitality, health care, and other fields. Alsco does not provide products...

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