Yesterday the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision that allows the Equal Employment Opportunity Commission (EEOC) to continue investigating allegations of employment discrimination, and even to issue subpoenas to employers, after issuing a right-to-sue letter to the employee who filed the initial complaint. Click here to read the Ninth Circuit decision in
Managers Individually Liable for Unpaid Wages Despite Employer’s Bankruptcy
A recent case should strike fear into the hearts of all upper-level managers and human resources professionals: in Boucher v. Shaw, the Ninth Circuit ruled that individual managers were liable for their subordinates’ unpaid wages, even though the employer company filed for bankruptcy.
In Boucher, a group of former casino employees sued the
California Overtime Laws Cover Nonresidents Who Work in California
Do California wage and hour laws – including their daily and weekly overtime provisions – apply to non-residents who occasionally perform work in California? Yes, according to a decision from the Ninth Circuit Court of Appeals earlier this month. Click here to read the court’s decision in Sullivan v. Oracle Corp.
In Sullivan
Ninth Circuit Asks Washington Supreme Court to Define “Disability” under WLAD
The Ninth Circuit Court of Appeals earlier this week certified a question to the Washington Supreme Court, seeking that court’s help in defining "disability" under the Washington Law Against Discrimination (WLAD).
Two years ago, in McClarty v. Totem Electric, 137 P.3d 844 (2006), the Washington Supreme Court significantly narrowed the definition of "disability" under
Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave
Plaintiffs suing their employers under the Family and Medical Leave Act ("FMLA") may recover lost wages, but they may not recover emotional distress damages. What if an employee misses work because of emotional distress that is caused by a wrongful denial of FMLA leave? The Ninth Circuit Court of Appeals recently ruled that such damages are a form of lost wages and therefore may be recovered under FMLA.
Continue Reading Ninth Circuit Affirms “Emotional Distress Damages” Caused by Denial of FMLA Leave
Nurses Button Up: Ninth Circuit Nurses May Wear Union Buttons at Work
The Ninth Circuit Court of Appeals recently ruled that a Spokane hospital could not lawfully prohibit nurses from wearing union buttons in areas where they only "might" encounter patients or family members. Health care employers should review their uniform policies to make sure union insignia and other political buttons and stickers are only prohibited in