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Williams Kastner Labor & Employment Alerts - Our attorneys keep an eye out for changes in federal and state regulations that may have an impact on your business. Take a look at the most recent email alerts.

Ask the Legal Professionals - The attorneys in Williams Kastner's Labor & Employment Practice Group publish the answers to common questions about employment law once-a-month in the Puget Sound Business Journal. Take a look at Williams Kastner's latest answers to the questions that you yourself may have been asking.

Featured Articles

On May 31, 2007, the National Labor Relations Board issued a controversial ruling which will significantly benefit non-union employers subject to union salting activity. Salting is a union organizing technique in which a union member, with the active encouragement and assistance of the union, seeks work for a non-union employer with the goal of organizing the employees. In one scenario the salt keeps his or her union status a secret from the employer; in a more common scenario, the salt openly announces his or her union status and avowed intent to engage in organizing during non-work time. It is a violation of the National Labor Relations Act to refuse to hire or to terminate an applicant/employees based solely on his or her membership or beliefs. Employers who do so face substantial back pay liability from the date of the alleged discrimination until an offer of reinstatement or hire. These back pay periods could stretch for months or even years, unless the employer can establish that work would not be available even absent the alleged discriminatory act. Read the full article.

Many employees working in secured areas have to wait in lines to complete security checks every day. Sometimes the delay is five minutes; sometimes it is much longer. In such settings, employers sometimes face employee or union claims that this time is compensable since it is ostensibly for the employer’s benefit and convenience. The 11th Circuit Court of Appeals issued a ruling on May 30, 2007 that the time spent waiting to pass through a security checkpoint does not constitute hours worked and is thus not compensable." Read the full article.

Concern about the summer of 2007, which was projected to be marked by labor strife in the construction industry, has been significantly alleviated thanks to the news that five construction crafts whose contracts were set to expire on May 31, 2007, reached agreement with Associated General Contractors. Most contractors feared that one or all of the five crafts (Carpenters, Cement Masons, Laborers, Operating Engineers and the Teamsters) would take advantage of the high volume of construction work being performed in the Seattle area and prompt a strike. Read the full article.

The Washington Department of Labor & Industries has recently passed administrative regulations governing all employers with one or more employees performing work in an outdoor environment. The regulations require these employers to implement workplace practices designed to reduce or eliminate the risks of heat-related illness resulting from outdoor exposure to temperatures, humidity, and other environmental factors, or any combination thereof. An outdoor environment may include vehicle cabs, sheds and tents or other nonpermanent structures if no air conditioning is provided. There is a regulatory exemption for incidental outdoor exposure. Read the full article.

In the May 17, 2007 decision by the Washington Court of Appeals, Division 3, entitled Schryvers v. Coulee Community Hospital, plaintiffs sought payment for unpaid overtime and on-call work. The Schryvers worked for St. Rita’s Care Home, an adult family home owned by Coulee Community Hospital. Under the terms of their written employment agreement, they were provided living quarters on site and worked shifts of 10 consecutive days during every two week period. Their duties included record keeping, planning and preparing all meals for the residents, overseeing the taking of medication and assisting the residents to and from medical appointments. They were paid an annual salary and were treated as exempt employees. They were not required to keep hours and nothing in the employment agreement discussed on-call hours. Read the full article.

In prior seminars and articles, the Labor and Employment Practice Group of Williams Kastner has discussed potential employer liability damage or injury resulting from employee use of company cell phones or other electronic devices while driving. This is a growing area of interest for plaintiff’s attorneys as a result of sizeable recoveries and settlements against law firms and other employers. Read the full article.

Seminars

Williams Kastner's Labor & Employment Practice Group offers valuable half-day seminars and breakfast seminars free of charge. The next seminar is scheduled for the fall of 2007. Please check back later for more details.

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