Elizabeth Van Moppes recently authored the 2017 Washington State Association for Justice Employment Law Deskbook Chapter on the Role of Workplace Investigations in Employment Law Claims. Available to WSAJ members only, this Deskbook and, specifically the Investigations Chapter, is designed to assist employment law litigators in their practice, with an investigator’s approach to the task at hand.

Within the Investigations Chapter, Ms. Van Moppes utilizes her years of experience conducting independent investigations, and the training available from the Association of Workplace Investigators, to provide the litigator with an outline for analyzing an investigation’s role in an...Read More

If you are an employer or a manager in Washington State who wants to keep your business and your home, the flood of #MeToo news should have you concerned about your workplace culture.
Because in the Evergreen State, in addition to businesses themselves, individual business owners and managers can be sued for workplace harassment. Prevention is your best tool against harassment lawsuits. Training your managers and yourself is your best tool for prevention.

Here’s how Beresford Booth can help.

On Thursday, March 15th , Beth Van Moppes will be conducting a One Hour Anti-Harassment...Read More

In the fall of 2016, Washington State voters approved Initiative 1433, which made four major changes to state law:  (1) it increases the minimum wage; (2) ensures tips and service charges are given to appropriate staff; (3) protects certain employees from retaliation for exercising their legal rights; and (4) requires employers to provide paid sick leave to certain employees beginning on January 1, 2018.  With the new year having arrived, employers now must have policies implemented that are in accordance with the new paid sick leave regulations promoted under Initiative 1433.

Initiative 1433 requires employers to...Read More

As a woman in the work force for more than 30 years, I am personally proud of the many women who have come forward in the #MeToo movement, and equally gratified by the enterprises that are supporting them. We are witnessing a sea change the likes of which have not happened in over 40 years. As the mother of a young daughter, it is nearly impossible to put my feelings into words.

However, as a workplace investigator, I must continue to advise caution as we move forward in this wave of social...Read More

Daily, the news brings us word of another celebrity termination for allegations of workplace harassment. We’re hearing of politicians, actors, and coaches terminated. It seems no male superstar is safe (we’ve yet to see a woman accused but I feel certain it is coming). We are living in what is being called the “Weinstein Era” or the “#MeToo Movement.” Social commentary aside, we’re witnessing a sudden consciousness that is going to have both short term and long term impacts on the workplace. Harassment in the workplace will never again be viewed the same.

I’m receiving calls...Read More

Employers face increasing litigation risks from the wrongful acts of their employees as the law of negligent hiring and retention expands. Employers are potentially liable for negligent hiring when employing an unfit applicant who poses an unreasonable risk of harm to others. If an employer should have known of an employee’s unfitness at the time of hiring and the employment leads to the harm of a third person, employers may face substantial liability. Additionally, if the employer learns of the employee’s unfitness during the course of employment, an employer may be liable to a later injured...Read More

Seattle became the second major U.S. city to pass an ordinance addressing schedule predictability and flexibility for workers and employers. The “Secure Scheduling Ordinance” calls for better estimates and notification of hours, ensures workers have the right to rest between shifts, ensures workers receive predictability pay for erratic scheduling, and creates guidelines for employers looking to offer additional hours.

Before this ordinance became law, large retail and food service establishments face inconsistent staffing needs on a daily basis, resulting in workers bearing the burden of irregular scheduling practices. A study commissioned by the City of Seattle found that such scheduling...Read More

Delivering presents to the good little boys and girls all over the world in a single night is hard work. Of course, Santa Claus makes it look easy with his twinkling eyes and merry dimples, magical sleigh, and team of eight tiny flying reindeer. But does that mean he is any less entitled to compensation? Of course not! Let’s just assume that Santa’s employer - the North Pole, obviously - is covered by the Fair Labor Standards Act (FLSA). To comply with the law, the North Pole, like any other employer, has to answer certain questions.

First, do Santa’s job...Read More

The world of workforce management includes a multitude of “terms of art;” These are words or phrases that have taken on special meaning to human resources professionals and their counsel. Those terms related to disability discrimination law are particularly distinctive. Even those who are well-versed in other areas of human resources law, often find it difficult to understand the meaning of some of the more commonly-used words and phrases involved in this area of employee management. Unfortunately, supervisors, HR personnel, and employers who do not understand the meaning of the following five key phrases may fail to comply with the...Read More

One of the more challenging laws against discrimination involves workplace accommodations for transgender employees. This particular protected class has been the law in Washington State since 2006 but only recently been spotlighted with some help from Caitlyn Jenner. It is estimated that more than 700,000 adults in the U.S. are transgender.

Under Washington law, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.

The...Read More