On October 10, 2019, a jury found that Walmart violated the ADA by refusing to provide a reasonable accommodation to a deaf and visually impaired cart pusher and awarded in $5.2 million damages for firing him due to his disability.

A disabled Walmart employee of 16 year...

On December 17, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed the district court’s summary judgment in favor of a Catholic school and remanded in an employment discrimination action under the Americans with Disabilities Act (ADA). Biel v. St. James Sch...

This month, the Second Circuit vacated a district court order concluding that Time Warner’s Territory Sales Representatives (“TSRs”) who spent the majority of their time at work performing non-exempt work were “outside salesmen” and were therefore exempt from the FLSA...

Currently, domestic workers who work within someone’s home are not entitled to minimum wage, mandatory breaks, or overtime pay rates.  Domestic workers are specifically excluded from the protections of the Fair Labor Standards Act of 1938.  However, the City of Seattle...

Today, Supreme Court Justice Anthony Kennedy, 81, announced his plan to retire effective July 31, 2018. After Kennedy’s retirement, the court will consist of four liberal and four conservative justices.  As a result, Kennedy’s retirement will give President Trump and S...

 On May 11, 2018, the Ninth Circuit Court of Appeals held that it is an employee’s burden to prove that an ADA accommodation was available.

In Snapp v. Burlington Northern Santa Fe Railway Co., an employee who suffered from sleep apnea took a long-term disability leave...

On April 12, 2018, the U.S. Department of Labor (DOL) issued an opinion letter regarding whether a non-exempt employee’s 15-minute FMLA-related rest breaks are compensable.

Under the FLSA, rest breaks up to 20 minutes in length are ordinarily compensable because they pr...

On April 2, 2018, in Encino Motorcars, LLC v. Navarro, the United States Supreme Court issued a decision favorable for employers, especially those facing misclassification claims.  In this decision, the Court rejected the principle that the FLSA should be construed nar...

On March 13, 2018, Governor Inslee signed the Washington Fair Chance Act, a legislation to “Ban the Box” that will make it illegal for Washington employers to ask applicants about their arrests and/or convictions until after an applicant is determined otherwise qualifi...