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Quote of the Week

  • For May 19, 2008

    “In the view of the Constitution, in the eye of the law, there is in this country no superior, dominant, ruling class of citizens. There is no caste here. Our Constitution is color-blind, and neither knows nor tolerates classes among citizens. In respect of civil rights, all citizens are equal before the law. The humblest is the peer of the most powerful.”
    ~John Marshall Harlan (1833-1911) Dissenting opinion, Plessy v. Ferguson 163 U.S. 537, 559 (1896).
  • For January 21, 2008

    “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.”
    ~Martin Luther King Jr.
  • For July 30, 2007

    "Summer afternoon - summer afternoon; to me those have always been the two most beautiful words in the English language."
    ~Henry James
  • For June 4, 2007

    “The excitement of learning separates youth from old age. As long as you’re learning you’re not old.”
    ~Rosalyn S. Yalow
  • For May 28, 2007

    "The bravest are surely those who have the clearest vision of what is before them, glory and danger alike, and yet notwithstanding, go out to meet it."
    ~Thucydides
  • For May 21, 2007

    "No man or woman is an island. To exist just for yourself is meaningless."
    ~Denis Waitley
  • For May 7, 2007

    "Do not let what you cannot do interfere with what you can do."
    ~John Wooden
  • For April 16, 2007

    "A life is not important except in the impact it has on other lives."
    ~Jackie Robinson
  • For April 9, 2007

    "On my income tax 1040 it says 'Check this box if you are blind.' I wanted to put a check mark about three inches away."
    ~Tom Lehrer
    [Happy 79th!]
  • For April 2, 2007

    "You look forward to it like a birthday party when you're a kid. You think something wonderful is going to happen."
    ~Joe DiMaggio, on Opening Day

    [Go Mariners!!]
  • For February 26, 2007

    "Birthdays are good for you. Statistics show that the people who have the most live the longest."
    ~Larry Lorenzoni
  • For February 19, 2007

    [In honor of this week's holiday...] "Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser - in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man. There will still be business enough."
    ~Abraham Lincoln
  • For January 15, 2007

    "It's snowing still. And freezing. However, we haven't had an earthquake lately."
    ~Winnie The Pooh (A.A. Milne)
  • For January 1, 2007

    "New Year's Day: Now is the accepted time to make your regular annual good resolutions. Next week you can begin paving hell with them as usual."
    ~Mark Twain
  • For November 27, 2006:

    "At times our own light goes out and is rekindled by a spark from another person.

    Each of us has cause to think with deep gratitude of those who have lighted the flame within us."
    ~Albert Schweitzer
  • For November 6, 2006:

    "It's the job that's never started as takes longest to finish."
    ~J.R.R. Tolkien
  • For September 11, 2006:

    "Justice without strength is helpless, strength without justice is tyrannical..."
    ~Blaise Pascal
  • For September 4, 2006:

    [In honor of all those going back to school this week...]
    "Home computers are being called upon to perform many new functions, including the consumption of homework formerly eaten by the dog."
    ~Doug Larson
  • For August 21, 2006:

    “What we see depends mainly on what we look for.”
    ~Sir John Lubbock
  • For August 14, 2006:

    "Your integrity will affect your destiny; don't leave home without it."
    ~Clarence E. Hodges
  • For June 19, 2006:

    “A deadline is negative inspiration. Still, it's better than no inspiration at all.”
    ~Rita Mae Brown
  • For June 12, 2006:

    "An unfulfilled vocation drains the color from a man's entire existence."
    ~Honore de Balzac
  • For May 1, 2006:

    "In the middle of a difficulty lies opportunity."
    ~Albert Einsten
  • For March 27, 2006:

    "It was one of those March days when the sun shines hot and the wind blows cold: when it is summer in the light, and winter in the shade."
    ~Charles Dickens
  • For March 20, 2006:

    "A knowledge of the path cannot be substituted for putting one foot in front of the other."
    ~M.C. Richards
  • For March 13, 2006:

    "You will never find time for anything, you must make it."
    ~Charles Buxton
  • For March 6, 2006:

    "Education is not the filling of a pail, but the lighting of a fire."
    ~William Butler Yeats
  • For February 27, 2006:

    "Striving for excellence motivates you; striving for perfection is demoralizing."
    ~Harriet Braiker
  • For February 20, 2006:

    "It is never too late to be what you might have been." ~George Eliot

My Office

  • Contact Information:
    Law Office of D. Jill Pugh 520 East Denny Way Seattle, WA 98122 Tel: (206) 325-2801
    Fax: (206) 260-9154
    jill@employmentlawwa.com
  • Located in the Historic Ward House: Seattle's Oldest Residence
    (Restored and converted into office space by attorney David Leen in 1986)

Disclaimer

  • PLEASE NOTE:
    This blog is made available by the lawyer publisher for educational purposes only as well as to give information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The linked sites are not under the control of the Law Office of D. Jill Pugh and the Office is not responsible for the contents of any linked site. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. D. Jill Pugh is licensed to practice law in the State of Washington only.
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More to Consider Before You Terminate An Employee

Both attorney Rod Stephens over at Employment Advisory and attorney Jennifer Brown Shaw of Shaw Valenzza LLP have recently written some good advice regarding facts to consider before you terminate an employee, whether a single employee termination or a layoff/reduction in force.

They point out the following issues, which I would add to my list of "10 Things to Keep in Mind" when you must terminate an employee:

  • 11.  DO consider the timing.  In the Colorado case described by Stephens , one of the key problem facts for the employer is that he chose to terminate his employee immediately after receiving an email where she protested certain wage and hour policies.  Even if there might be good reasons for terminating an employee, frequently those will get lost in the shock value of terminating an employee immediately after they have asserted some protected legal right (here, the right to lunch breaks, among other things).
  • 12.  DON'T fire without good documentation.  Certainly there are times where an employee engages in behavior so egregious that you might need terminate them immediately (such as an assault on another employee, for example).  However, as Shaw notes in her excellent article “Employee Terminations: Steps to Reduce Liability” , during a layoff or reduction in force it might be tempting to use the downsizing as a way to get rid of “problem” employees, you still must have a paper trail to support your choice.

Draft Employee Release Agreements Carefully

I read a great article today from the folks at the law firm Littler Mendelson regarding several "traps for the unwary" in drafting effective and binding employment releases.  As a general rule you should definitely contact an attorney before having an employee sign a release/waiver of rights, but this article is still a good read.  Be aware that there are some rights you can NOT ask an employee to waive, period:  the right to file an unemployment compensation claim; the right to file a workers compensation claim; and certain unpaid wage and unpaid overtime claims.  The federal Equal Employment Opportunity Commission has taken the position that you cannot require an employee to forgo their right to file a charge of discrimination.  All food for thought as you prepare to terminate an employee or undergo a reduction in force.

FLSA Online Overtime Calculator

Thanks to New York lawyer Randy L. Braun over at Juz the Fax , for alerting me to the United States Department of Labor’s new online calculator to determine correct payment of overtime, under federal law.  I suspect he is correct that this tool may be used more by employees than employers, but either way it is a helpful site packed with a lot of information in addition to the “calculator.”  Naturally you should also check with state law before making any final determinations about proper payment.  Washington State’s Department of Labor and Industries offers a nice comparison chart regarding Washington and the federal overtime laws.  Both the federal and the state sites offer a lot of guidance for employers trying to figure out whether, and how, to pay overtime.

New Year, New (WA) Minimum Wage

With the new year, Washington state's minimum wage increases to $7.93 per hourfor workers 16 years and older.  Fourteen and fifteen year old workers may be paid 85% of the minimum wage (=$6.74 per hour).  Washington state's Department of Labor and Industries has a good general information website on compliance with wage and hour laws, including a link to the required 2007 Minimum Wage Poster (in English and Spanish).

Resources For Evaluating Employee Compensation

Frequently I have clients ask me about resources to determine what to pay employees, or to determine whether or not they are keeping up with the market.  Fortunately, there are some valuable resources available on the internet.  Some, like salary.com do seem to be a bit on the inflated side, given my clients’ experiences. Nonetheless, here are some good places to check out when evaluating wages:

1) United States Department of Labor Wage Info;
2) Salary.com (you can narrow your search by geographical region, among other variables);
3) Washington State's Employment Security Department also has a page with a lot of information; and
4) Hotjobs.

A recent article, “Lawsuits Could Raise Scrutiny of Compensation Surveys”, notes that business owners and executives should exercise caution when discussing wage information - in certain circumstances inappropriate discussions can constitute violations of the anti trust laws. As pointed out in the article, “under current rules, employers are allowed to share salary information as long as it’s through an independent third party and the information is not specific.”  Most small employers are not likely to run afoul of these regulations - usually they don’t have the pull to affect the compensation of an entire class of workers in an industry.