By Jim Cline

Several weeks ago, we published an article on the decision of Pierce County Judge James Orlando to strike the retroactive increase in the Kitsap deputies’ insurance premiums that had been ordered by interest arbitrator Howell Lankford. Because this article seems to have sparked quite a bit of interest, I decided it was worth taking some time to explain the issues and the court’s reasoning in greater detail. Although the County has appealed this decision, and, therefore, an appellate court could modify this result, at the current time, labor unions seeking to resist retroactive changes in their health insurance have a strong argument to present simply by citing to Judge Orlando’s ruling.

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By Kate Acheson

In LaCoursiere v. CamWest Development, Inc., the Washington Appeals Court dismissed an employee’s claims under the Wage Rebate Act (“WRA”), RCW 49.52.  The employee, Shaun LaCoursiere, claimed his employer, CamWest Development, violated the WRA by depositing a portion of his bonuses in an investment account and by reimbursing only 60 percent – the vested portion – of the investment account upon his termination. 

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By Kate Acheson

The Washington State Supreme Court found in Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr., that employees were inadequately compensated for missing 15-minute breaks mandated by their Collective Bargaining Agreement when they worked over 40 hours in a week, because they were entitled to overtime pay for 10 of those minutes (the state-required break time). [Read more…]

By Kate Acheson

The Washington State Supreme Court found, in Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr., that employees were inadequately compensated for missing 15-minute breaks mandated by their Collective Bargaining Agreement because they were entitled to overtime pay for 10 of those minutes (the state-required break time), when they worked over 40 hours in a week.

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By Rick Gautschi

In Watson v. Providence St. Peter Hospital, 193 LRRM 3056, No. C12-5352 BHS, July 18, 2012, W.D. Wa., during March 2012, Carroll Watson (Ms. Watson) filed a complaint in Thurston County, WA, Superior Court against Providence St. Peter Hospital and several agents of the hospital (Providence St. Peter).  Although she set forth eight separate claims in the complaint, all eight derived from her allegation that the defendants had denied her meal and rest breaks to which she was entitled.  She contended that the denial meant that for extended periods, she had to continue working while she was seated in her own human waste.   As a result of doing so, she suffered injuries for which she sought redress.  Soon after Ms. Watson filed the complaint, Providence St. Peter, citing the Labor Management Relations Act’s (LMRA’s) provision that confers original jurisdiction over claims that arise out of a collective bargaining agreement (CBA), removed the case to federal court.  Subsequently, Ms. Watson moved to have the federal court remand the case back to Thurston County Superior Court on the ground that her claims did not require interpretation of provisions in a CBA.

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By Cynthia McNabb

Workers in Washington State, currently classified by their employer’s as “independent contractors” should be aware that the Washington Supreme Court has recently ruled that some of these workers may actually be “employees” under the Washington Minimum Wage Act and thus entitled to minimum wage and overtime benefits. [Read more…]