In an earlier Williams Kastner Alert, published last February, this author discussed the Register Guard decision which upheld discipline of employees who used company e-mail to solicit support for a union.

The U.S. Food and Drug Administration is taking novel action, in the form of final rule statements, to assert federal preemption in the field of prescription drug labeling.

An employer commits an unfair practice if it refuses to hire, terminates, or otherwise discriminates based on "the presences of any sensory, mental or physical disability." RCW 49.60.010, .180(1)-(3). Under the Washington Law against Discrimination ("WLAD"), "[a]n employer who discharges, reassigns, or harasses for a discriminatory reason faces a disparate treatment claim; an employer who fails to accommodate the employee’s disability, faces an accommodation claim." Pulcino v. Fed. Express Corp.

A recent Supreme Court decision serves as an oft-needed reminder that even everyday words or slang may be sufficient evidence of discrimination.

Since September 11, 2001, almost 530,000 citizen soldiers have been mobilized, and of these more than 390,000 National Guard and Reserve members have been returned to civilian life. In December 2004, President Bush signed into law the Veterans Benefits Improvement Act, which requires all employers, regardless of size – public and private – to notify all employees annually of their legal rights under USERRA.

In December 2005, the Supreme Court of Washington filed its decision on Korslund v. Dyncorp Tri-Cities. In this case, the court considered the following three issues: (1) whether forced medical leave amounts to discharge; (2) under what circumstances a plaintiff may bring a claim of wrongful discharge or retaliation in violation of public policy; and (3) whether a promise of specific treatment is enforceable.

According to the United States census taken in 2000, there are 44 milion persons who speak a language other than English at home, and over 19 milion of these persons- 7.5 percent of the total U.S. population- classify their English-speaking ability as "less than 'very well'''. It is likely that every health care provider in the United States has treated, or wil treat, one of these persons. The Department of Health and Human Services defines these persons as having a Limited Engli

It is high time for the gates of Indian Country to be closed to sexual predators. In 1990, after several high-profile tribal molestation cases, federal lawmakers passed the Indian Child Protection and Family Violence Prevention Act.

On April 7, 2005, several hundred bar leaders joined tribal dignitaries and community members at the Seattle University School of Law to commemorate the WSBA Board of Governors' unanimous decision on October 22, 2004, to include federal Indian jurisdiction on our state's bar exam beginning in the summer of 2007.

This paper provides an overview of the Washington State Industrial Insurance Act and the applicability or inapplicability of such state workers’ compensation laws to tribal and nontribal employers doing business on the reservation.1 The paper will further provide a discussion of potential advantages and disadvantages to electing to cover employees under the Washington State Industrial Insurance Act or choosing to establish your own workers’ compensation system to process workers compensatio

It is common knowledge in Indian Country that the U.S. Department of Justice must conduct certain litigation for the benefit of Indian Country, vis-à-vis the federal government, trustee for the protection of the resources and rights of federally-recognized Indian tribes and tribal members. But, it is much less known that the Department of Justice may be obligated to defend a tribe and its officials and employees from the everyday slip-and-fall case.

The Oregon Legislative Assembly is considering several bills that, if passed, could affect YOU:

With the media attention on Enron and Sarbanes Oxley, employers may comfort themselves by viewing whistleblower law as a source of liability which may be narrowed to a single law, a single type of violation, or even a single type of employer.

Almost every employer will face a discrimination claim someday. Federal, state and local laws protect nearly all employees from discrimination on the basis of gender, age, race, national origin, religion, sexual orientation, disability or workplace injury. They also protect employees from discrimination for whistleblowing, having their pay garnished and submitting workers' compensation claims. And the list goes on.

A potential "pot of gold" sits at the end of a rainbow for tribal foster care programs. Under Title IV-E of the Social Securities Act ("Title IV-E"), Tribes may be reimbursed for many of the costs that they currently spend on foster care and related services.