Washington Labor, Employment & Employee Benefits Law Blog
Current events in labor, employment and employee benefits law in Seattle and across the United States.
Author: Donald W. Heyrich is a solo practitioner in Seattle.
Blawg Related Categories: Benefits/ERISA • Labor & Employment • States • Washington • Solo / Small Firm
Recent Posts from Washington Labor, Employment & Employee Benefits Law Blog
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Eighth Circuit Enforces “But For” Burden of Proof in ADEA Case
In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, the lower court had instructed the jury to enter a verdict for the plaintiff if he proved, by a preponderance of the…
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FMLA Protection for Part-timers?
This week the Indiana Supreme Court held that an employee f illing multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee’s total service…
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Jurors’ Use of the Web Causing Problems at Trial
A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country. A mistrial was recently declared in a major criminal drug trial…
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Surge in Age Discrimination Claims
The federal Equal Employment Opportunity Commission (“EEOC”) is set to release information shortly that will reveal a sharp rise in the number of age-discrimination claims filed with the agency. According to the EEOC, the number…
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Supreme Court Affirms Primacy of ERISA Plan Documents
In a unanimous decision, the U.S. Supreme Court that an ERISA plan’s specific procedure for designating beneficiaries controls over other instruments that may conflict with it. In the case, Kennedy v. Plan Administrator for the…
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CONGRESS NULLIFIES SUPREME COURT RULING BY EXTENDING TIME TO SUE FOR EQUAL PAY
President Barack Obama signed an equal-pay bill into law Thursday before cheering labor and women leaders who fought hard for it and the woman whose history-making lawsuit gave impetus to the cause. Obama, choosing the…
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Supreme Court Ruling Protects Employees Against Retaliation For Assisting Internal Sexual Harassment Investigations
An employee is protected from being fired in retaliation for answering questions during an employer's investigation of suspected sexual harassment, the Supreme Court ruled on Monday, January 26, 2009. The unanimous court ruled the federal…
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Court Hears Breach of Contract Case
In Duncan v. Alaska USA Federal Credit Union, Inc., Division I of the Washington Court of Appeals reversed the lower court’s granting of summary judgment and ruled that genuine issues of material fact existed regarding…
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The Employee Free Choice Act
With the Obama administration set to take office, the most significant change in employment law on the horizon is the Employee Free Choice Act (EFCA), a bill that passed in the House of Representatives in…
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Legal Update: ADA Amendments Act of 2008
On September 25, 2008, new federal legislation was signed that expands the scope of the Americans with Disabilities Act. Known as the ADA Amendments Act of 2008 (the “ADAAA”), the amendments reverse or nullify several…