Mar 02 2023

Labor RelationsTermination & Resignation  

Board invalidates confidentiality and nondisparagement clauses

The National Labor Relations Board recently ruled that confidentiality and nondisparagement provisions in an employer’s severance agreements with 11 employees were unlawful under the National Labor Relations Act (NLRA). The decision overturned a Trump-era decision which we previously reported, involving Baylor University Medical Center. The current Board wrote that “a severance agreement…

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Dec 01 2022

Affirmative ActionHarassment & DiscriminationHiringTermination & ResignationWage and Hour  

OFCCP kicks off 2023 fiscal year with settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a…

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Oct 20 2022

Termination & ResignationWage and Hour

OREGON: Owners and managers can be personally liable

The Oregon Court of Appeals recently ruled that a person making decisions on behalf of a business entity employer can be held personally liable for aiding, abetting, or inciting a violation of Oregon’s discrimination statutes. Two restaurant servers filed a class-action lawsuit alleging that their employer’s tip-pooling arrangement violated Oregon law. The…

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Sep 01 2022

Harassment & DiscriminationLabor RelationsTermination & Resignation  

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order…

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Jul 07 2022

Affirmative ActionHarassment & DiscriminationTermination & ResignationWage and Hour  

OFCCP posts more affirmative action settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in…

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May 05 2022

HiringLeave LawsTermination & Resignation  

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to…

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Aug 27 2021

Featured Worker’s CompLeave LawsTermination & ResignationWorkers’ Comp  

Legal Corner: Avoid These Three Workers’ Comp Mistakes

I advise Washington employers A LOT about discipline and terminations. One of my recent calls went like this: “Hi, we have a two-year employee who has horrible attendance and a bad attitude. No one likes working with her. She always complains about anxiety, and last week she was a no-call, no-show. When…

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May 24 2021

COVID-19Harassment & DiscriminationLeave LawsTermination & Resignation  

WASHINGTON: Governor grants worker protections related to COVID-19

On May 21, 2021, Governor Jay Inslee issued Proclamation 21-08 “Safe Workers,” which prohibits Washington employers from taking any adverse employment action as a result of a worker receiving a COVID-19 (coronavirus) vaccine or needing time off related to the worker’s own COVID-19 vaccination, exposure, or illness. Time off to take a family member…

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May 20 2021

Safety and HealthTermination & Resignation  

WASHINGTON: New bill amends WISHA’s anti-retaliation provision

On May 11, 2021, Governor Jay Inslee signed ESHB 1097, amending the Washington Industrial Safety and Health Act’s (WISHA) anti-retaliation provision by explicitly prohibiting acts that would deter reasonable employees from exercising their rights under the Act and expanding the time for filing a workplace safety complaint with the Department of…

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Oct 01 2020

COVID-19HiringLeave LawsTermination & Resignation  

CALIFORNIA: San Francisco enacts additional COVID-19 job protections

Effective September 11, 2020, employers in San Francisco face steep penalties if they take adverse action against workers who are absent or request time off because they test positive for COVID-19, or because they isolate or quarantine due to COVID-19 symptoms or exposure. The new ordinance offers job protections for…

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