Author: Sarah Ewing
Documenting and discussing work performance issues with employees in relation to the ADA and FMLA
How many times have you heard Human Resources tell you to document, document, document? Well, it’s because of cases like Estep v. Forever 21. This…
Benefit to Employers Who Offer Paid Family Leave
Are you an employer who offers paid family and/or medical leave? If so, you may qualify for a tax credit for tax years 2018 and…
Court of Appeals Case Reaffirms Objective Evidence Required For Reopening
In Hendrickson v. Dep’t of Labor & Indus., the Washington Division One Court of Appeals reaffirmed what evidence must support a reopening application. Claimant injured…
Washington Paid Sick Leave – Sample Policies and Enforcement Rules
Starting January 1, 2018, Washington employers will have to provide paid sick leave to their employees. All employers are required to provide one hour of…
Join Sarah Ewing in WSIA’s Webinar Discussing the New Paid Family & Medical Leave Law
Please join me on October 6, 2017 as I present with other panelists in a live webinar to discuss Washington’s new Paid Family & Medical…
Oregon Passes Fair Work Week Legislation
Oregon made national news yesterday as the first state to pass legislation requiring employers to provide greater schedule predictability to low-wage employees in the retail,…
New Washington Supreme Court “Innocent Misrepresentation” Overpayment Case
The Washington Supreme Court issued a new case addressing whether the Department has authority to issue an overpayment order and an order modifying claimant’s compensation…
“Concerted Action Waiver” violates the NLRA
Are you aware that as an employer you can violate the National Labor Relations Act (NLRA) whether your employees are unionized or not? A recent…
New Changes to Overtime Rules Affect Millions of Workers
The Department of Labor (DOL) just released new rules that will affect millions of workers who are currently exempt from overtime. Workers can be exempt…
Lumbar Fusion – New Guidelines for DLI
The Department has issued new stricter guidelines regarding when a proposed lumbar fusion is a medically necessity and clinically appropriate. These guidelines, effective March 7,…
Applicant Injured on way to Orientation is not a Subject Worker
In a recent Oregon Workers’ Compensation Board case, the Board found an applicant who was injured on her way to orientation on the employer’s premises…
Washington Housekeeping Matters – COLA and Vocational Mileage Reimbursement
COLA Effective July 1, 2015, cost of living adjustments (COLA) will take effect for the benefit period of July 1, 2015 through June 30, 2016. …
Neutral Policy Can Violate Title VII Based On New United States Supreme Court Case.
If you have ever been in an Abercrombie & Fitch store, you probably noticed all its employees are dressed in its clothes and look a…
Pregnancy and Work: Young v. UPS
By: Sarah Ewing Pregnancy discrimination is protected under the Pregnancy Discrimination Act (PDA). Courts often struggle with how to handle pregnancy issues because it is…
Two favorable decisions from the Washington Court of Appeals.
By: Sarah Ewing Two recent published cases from the Court of Appeals both are favorable to employers. Mario Arriaga v. Department of Labor and Industries…
Can you be terminated for being a jerk at work?
Since the 2008 ADA amendments, the ADA seems to get bigger and bigger as more impairments are given protection. The Ninth Circuit recently overturned a…
FMLA vs. Paid Vacation Days: New Case from the Ninth Circuit
Do you have a FMLA policy that requires an employee to first exhaust paid vacation time that runs concurrently with the FMLA leave? What would…
Court of Appeals Expands Smothers: Dan Alcutt v. Adams Family Food Services, Inc. (A147515) decided October 9, 2013.
The denial of this injury claim was approved as the insurer proved preexisting DDD, rather than a workplace injury, was the major contributing cause of…
Combined Conditions = OCI +PEC
Court of Appeals boils combined conditions down to a mathematical equation. In Vigor Industrial , LLC v. Randi Ayres, the Court of Appeals…
Case Alert: Penalties at Claim Closure
In the most recent workers’ compensation case from the Court of Appeals, Walker v. Providence Health System, the court addressed penalties assessed relating to claim…
