Featured Articles

Many of you may have already received a notice from the Employment Security Department ("ESD") for the State of Washington directing you to file a "Corporate Structure Report" form setting forth the names and social security numbers of all "owners" of corporate employers by September 30, 2007. The full text of the new registration requirement can be found in RCW 50.12.070(2)(a). September 5 questions and answers from ESD about the new statute can be found at http://fortress.wa.gov/esd/portal/unemployment/benefits/forms/corpoffcrqa.pdf. The penalty for not filling out and returning the "Corporate Structure Report" on or before September 30, 2007 is $25.00 per violation. Read the full article.

Historically, though the law in Washington prohibited "disability" discrimination, there was no legislation in Washington State that defined "disability." The Washington State Human Rights Commission had defined "disability" in a very unique and employee friendly way- basically to include any medically cognizable abnormality and the courts struggled with the appropriate definition. In 2006, the Washington Supreme Court held that the ADA's definition of disability should be used. McClarty v. Totem Electric, 157 Wn.2d 214 (2006). Read the full article.

The National Labor Relations Board recently ruled that a unionized employer could not make changes in its employee e-mail policies without first negotiating with the union. The employers' collective bargaining agreement was silent with regard to e-mail policies. The employer issued an electronic technology policy which provided that "e-mail may not be used for unauthorized broadcast messages or solicitations. A broadcast message or solicitation is one where there is greater than one addressee." The policy also contained a warning that failure to abide by it could result in disciplinary action up to an including termination. Read the full article.

Computer network intrusions are an all too common threat, ranging from relatively harmless peeks by beginning hackers to crippling viral attacks and data raids by expert hackers. Should your company become the victim of an intrusion, or should one of your employees use a company computer to hack someone else's system or to commit a crime, then government investigators may soon arrive at your IT department's doorstep seeking access to your system under the USA PATRIOT Act (a.k.a., the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001). Read the full article.

In a recent ruling by the Ninth Circuit Court of Appeals covering Washington, the Court allowed a plaintiff to pursue overtime compensation in federal court even after he had settled with the same employer as a result of a Department of Labor investigation and supervised settlement. As part of the settlement, the employee signed a WH-58 form prepared by the Department of Labor in which he received payment of wages for specific work weeks. The form also contained the following waiver: Your acceptance of back wages due under the Fair Labor Standards Act means that you have given up any right you may have to bring suit for such back wages under Section 16(b) of that Act. Read the full article.

Seminars

The next Labor & Employment Breakfast Seminar, Immigration Tips and Traps: New Regulations and Compliance in Employment Law is on Thursday, October 18 at Two Union Square in Seattle. For more information and registration, please click here.

The next Labor & Employment Half-Day Seminar is scheduled for Wednesday, November 14 at the Meydenbauer Center in Bellevue. For more information and registration, please click here.

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