Archive of News Alerts
Dr. Miles Dies at Age 96 -- So What? (6.29.2007)
In a long-awaited decision the Supreme Court, by a 5 to 4 vote on June 28, 2007, overruled one of the country’s oldest anti-trust cases, Dr. Miles Medical Company v. John D. Park & Sons, 220 U.S. 373 (1911). The case is Leegin Creative Leather Products, Inc. v. PSKS, Inc. Resale price maintenance (RPM) is no longer per se illegal.
But before you take aim at that notorious price-cutting retailer (your customer if you are a manufacturer or your competitor if you are a fellow retailer), here are some critical points to remember.
State Court Invalidates Power Plant’s Air Permit for Lack of Carbon Dioxide Emission Limitations (7.2.2008)
7.2.2008 News Alert (PDF)
On June 30, 2008, a Georgia Superior Court judge ruled in Friends of the Chattahoochee Inc., et al. v.
Georgia Department of Natural Resources, that a Clean Air Act construction and operating permit must
include limitations on carbon dioxide emissions.
December 31, 2008 Deadline for 409A Compliance Quickly Approaching (10.07.2008)
10.7.2008 News Alert (PDF)
The December 31, 2008 deadline for employers to comply with the documentation requirements of Section 409A of the Internal Revenue Code is almost here. The IRS is receiving pressure from some corners to further delay the compliance deadline, but for now it remains the end of the year.
Labor Law Changes in 2009? (11.11.2008)
11.11.2008 News Alert (PDF)
In January 2009, President Obama and the new Congress will begin tackling the challenging issues that face our country both at home and abroad. Every employer, whether large or small, should pay especially close attention to coming changes to labor and employment laws.
President Bush Signs ADA Amendments Act of 2008 (10.1.2008)
10.1.2008 News Alert (PDF)
Last Thursday, amidst the continuing tumult in the financial markets, President George W. Bush quietly signed the ADA Amendments Act of 2008. The amendments are effective January 1, 2009.
New Employee Leave Entitlements Under State and Federal Law (4.22.2008)
4.22.2008 News Alert (PDF)
In late March and early April, Washington Governor Christine Gregoire signed two bills into law that create additional employee leave rights for employees who are victims of domestic violence or who have family members in the United States Armed Forces. These new laws, which apply to all Washington employers regardless of size, follow a recent amendment to the federal Family and Medical Leave Act which also provides additional leave entitlements for eligible employees with family members in the Armed Forces. Employers should promptly update their leave policies and employee handbooks and should otherwise establish procedures to ensure compliance with these new laws.
FMLA Rights Expanded For Military Families (1.31.2008)
1.31.2008 News Alert (PDF)
On January 28, 2008, President Bush signed into law an expansion of the Family and Medical Leave Act of 1993 (FMLA).
Employment Law Developments to Ring in 2008 (12.31.2007)
Keep Your Eyes on the Road – And Your Hands on the Wheel; Minimum Wage Rising; and NLRB Gives Employers Broad Latitude to Maintain Control Over Company E-Mail
Important Changes to USCIS Form I-9 (11.20.2007)
On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security, announced that a new Form I-9 was now available for immediate use.
The Brink's Job -- Washington's Supreme Court Rules that Employees are Entitled to Drive Time pay for Trips to and from Home in Company Vehicle (10.26.2007)
Washington's Minimum Wage Act (WMWA) provides that employees are entitled to compensation for regular and overtime "hours worked." The WMWA does not define "hours worked," but Washington Administrative Code regulation defines the term as follows: "Hours worked shall be considered to mean all hours during which the employee is authorized or required by the employer to be on duty on the employer's premises or at a prescribed work place."
United States Homeland Security Department Increases Employer Responsibility For Verifying Employee Eligibility To Work (9.4.2007)
As of September 14, 2007, employers must become more diligent upon receipt of certain inquiries from the Social Security Administration or the Department of Homeland Security. Here is the full story, starting with a quick review of existing regulatory requirements.
Employers Beware: Washington Legislature Enacts Substantial Changes to Disability Law and Places New Restrictions on Credit Checks (5.25.2007)
You may recall that the Washington Supreme Court last year swept away several decades of confused and contradictory Washington state disability law in favor of adopting the federal definition of individual with a disability from the Americans With Disabilities Act ("ADA").
Last month the Washington Legislature amended current law to further restrict an employer's ability to obtain "credit reports" (in the literal sense of that term) for either current employees or applicants. Here's what you should know.
United States Supreme Court Opens the Door to More Retaliation Lawsuits (6.29.2006)
As most of you know, state and federal laws make it unlawful for an employer to retaliate against an employee for having complained about workplace discrimination or harassment or other protected conduct. In our Breakfast Briefings and News Alerts we have repeatedly discussed the dangers of labeling and treating such an employee as "not a team player" or engaging in other action that could be construed as retaliation. Last week, the U.S. Supreme Court issued a decision (Burlington Northern v. White) which now makes it easier for an employee to prove that he or she has been the victim of unlawful retaliation. Here's what you should know.
New Washington Law Prohibits Employers From Discrimination on the Basis of Sexual Orientation and Gender Expression or Identity (1.31.2006)
In a ceremony today in Olympia, Governor Gregoire signed into law Engrossed Substitute House Bill 2661, which adds sexual orientation and gender expression or identity to Washington’s Law Against Discrimination. Washington becomes only the 8th state to protect individuals from employment and housing discrimination based on both sexual orientation and gender expression or identity (9 states protect individuals on the basis of sexual orientation alone). The passage of House Bill 2661 follows many years of unsuccessful attempts by supporters to enact the protections into law. Last year, the Washington State Senate defeated a similar bill by a vote of 25-24. This year, the State Senate passed the bill 25-23. The law formally takes effect 90 days after the 2006 Legislative session ends. This year's session currently is scheduled to end on March 6, 2006; thus, the law should become effective in June 2006.
Employers Should Remain Vigilant About Wage/Hour Practices (1.10.2006)
As 2006 begins, we want to share with you several wage/hour developments, including two recent court decisions, which illustrate how well-meaning employers can run afoul of state and federal wage/hour laws. Because violations of the federal Fair Labor Standards Act (“FLSA”) and the Washington Minimum Wage Act (“WMWA”) can make an employer liable for double damages plus employee attorney fees, employers should be especially mindful of their compliance obligations. With this in mind, now may be an excellent time to conduct an audit of your wage/hour practices. Please let us know if we can assist with such an audit.
Preservation of Discoverable Documents (8.30.2006)
Congress recently promulgated sweeping changes to the Federal Rules of Civil Procedure designed to address the complex issues surrounding electronic information storage. The obligation to preserve documents during threatened or pending litigation has not changed. What has changed is the willingness of courts to impose dramatic, even draconian, sanctions when documents requested in discovery turn out to have been destroyed. This development is the result of the evolution of technology. Much data is now stored electronically. It is very easy to delete emails and other stored data; and electronic information systems are typically programmed to automatically destroy stored data according to some preset cycle.
It is therefore more important than ever to instruct everyone connected with custodial responsibility for documents, whether in hard copy or electronic form, once litigation is imminent or is commenced, to override destruction commands, preserve backup tapes, and assure that emails and hard drives are secured and preserved. The manner in which notification takes place will, of course, vary from company to company. It is important to document the fact that notice has been given. If you wish to review some of the recent court decisions in this area which have triggered our concern, please do not hesitate to contact us for the cites.