Selected Washington cases, regulations and other authorities governing the practice of employment law in Washington State.

Employment Law Articles

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AGREEMENTS – SETTLEMENT AGREEMENTS  

The Fourth Circuit Court of Appeals has ruled that FMLA claims cannot be released as part of a settlement without the approval of a court or the Department of Labor. Taylor v. Progress Energy, Inc. [Aug. 2005] read article.

 

An employer is guilty of illegal retaliation if, as part of a settlement agreement, it requires an employee to promise not to file complaints with administrative agencies. EEOC v. SunDance Rehabilitation Corp. [Aug. 2004] read article.

ALCOHOL  

When are employers liable for damage done by employees and guests who consume alcohol at company-sponsored events? [Nov. 2004] read article.

Arbitration – Enforceability of Agreements  

Employer was unable to enforce its arbitration agreement after an unreasonable delay in responding to the employee’s claim. Brown v. Dillard’s [Dec. 2005] read article.

 

The Washington State Supreme Court describes the process an employer must follow when entering into arbitration agreements in order to ensure they will be enforceable. Zuver v. Airtouch Communications [Jan. 2005] read article.

 

What clauses will render employee arbitration agreements unenforceable? [Oct. 2004] read article.

 

An arbitration agreement may be enforceable even if it contains carve-outs that favor the employer. Walters v. AAA Waterproofing [Mar. 2004] read article.

COLLABORATIVE LAW  

Collaborative law settlement protocols can be used to settle employment disputes. [Mar. 2005] read article.

DISCRIMINATION – DAMAGES FOR  

Employees may sue for damages for discrimination even after they have successfully recovered money by filing union grievances. Fonseca v. Sysco Food Services [Jul. 2004] read article.

 

The “any other appropriate remedy” provision of the Washington Law Against Discrimination authorizes damage awards for increased tax costs to plaintiffs resulting from lump-sum awards. Blaney v. Int’l. Ass’n. of Machinists & Aerospace Workers Dist. No. 160 [Apr. 2004] read article.

 

DISCRIMINATION - DISABILITY

The Washington Supreme Court adopted a new, narrower definition of "disability" under the  Washington Law Against Discrimination. McClarty v. Totem Electric [July 2006] read article.

DISCRIMINATION – EQUAL PAY ACT  

An employer who pays a female employee less than a male in a similar position cannot argue in its defense that it used a salary survey in setting salaries unless the employer can show it used the survey consistently. Hudon v. West Valley School Dist No. 208 [Sep. 2004] read article.

 

DISCRIMINATION - PREGNANCY

Pregnancy is not a disability. Employers may not assume pregnant employees will be unable to do their jobs or apply a "reasonable accommodation" approach. Hegwine v. Longview Fibre [May 2006] read article. 

DISCRIMINATION – RELIGIOUS  

Employer's affinity group program that favors non-religious groups did not violate Title VII. Moranski v. GM [Jan. 2006] read article.

 

Employer has no duty to accommodate an employee’s religious expression unless it is an expression that is required under the tenets of the religion. Storey v. Burns Int’l. Security Services [Dec. 2004] read article.

 

DISCRIMINATION – SUMMARY JUDGMENT  

Employer may obtain summary judgment under the “same actor rule” if the person who allegedly committed the discriminatory act against an employee is also the same person who originally hired or promoted the employees. Coghlan v. American Seafood Co., LLC [Jul. 2005] read article.

Family Medical Leave Act  

When a previously good employee suddenly starts performing badly, the employer has a duty to inquire into whether the employee has developed a condition that is covered by FMLA. Byrne v. Avon Products, Inc. [Jun. 2005] read article.

 

An employee’s health condition can be governed by the FMLA, the Americans with Disabilities Act, the state Worker’s Compensation Act, or any combination of the three. How should an employer handle situations where more than one of these laws apply to the same condition? [Feb. 2005] read article.

INTERNAL INVESTIGATIONS  

What are the ethical issues that arise in conducting internal company investigations? [Oct. 2005] read article.

 

LABOR RIGHTS  

Non-union employees' rights to engage in protected "concerted activities" did not include complaints about the management style of the leader of their organization. Briggs v. Nova Services [Nov. 2006] read article. 

 

In holding public demonstrations, labor unions have First Amendment rights to display large props that might otherwise violate local zoning codes. Tucker v. City of Fairfield [May 2005] read article.

RETALIATION  

Comparing SOX: compared to the anti-retaliation provisions of other laws, the whistle-blowing protections in section 806 of the Sarbanes-Oxley Act are more robust. [April 2006] read article. 

 

A company’s written ethics policy can become the basis of a retaliation claim by an employee who is disciplined shortly after having complained to his superiors about improper practices by others in the company. Korslund v. DynCorp Tri-Cities Services, Inc. [May 2004] read article.

 

TERMINATION

An employer may be held liable for the tort of wrongful termination in violation of public policy if it terminates an employee for cooperating with law enforcement personnel. Gaspar v. Peshastin Hi-Up Growers [February 14, 2006] read article. 

WAGES & HOURS

Employer must pay for time spent by employees changing into and out of uniforms that are required by the employer. Ballaris v. Wacker Siltronic Corp. [June 2004] read article.

 

An employer's subjective good faith in refusing to pay severance benefits may not prevent an award of exemplary damages under Washington law. Dice v. City of Montesano [March 2006] read article. 

 

Court's opinion discusses relevant factors under Washington law in classifying positions as exempt from overtime pay under the administrative exception. Mitchell v. PEMCO Insurance Co. [August 2006] read article.