Archives: Publications

NLRB Ends 2019 with a Flurry of Pro-Employer Decisions

The National Labor Relations Board ended 2019 with a bang by reversing Obama-era case law on several fronts.   NLRB Allows Employers to Limit Use of E-Mail and IT Systems to Business-Use Only In Caesars Entertainment, 368 NLRB No. 143 (2019), the Board overturned its 2014 holding in Purple Communications, Inc. that had allowed employees to use […]

read more

Bills, Bills Everywhere

2019 was an eventful year for the Washington legislature with respect to employment law matters. The Legislature enacted (and the Governor signed) important new laws on a range of subjects: pre-offer inquiries into wage or salary history, non-competition agreements, accommodating employees’ need to express breast milk, “panic buttons” for certain workers, and important amendments to the nascent Paid Family and Medical Leave law […]

read more

Washington’s New Overtime Rules for the New Decade

To be exempt from overtime pay, an employee must (1) perform certain defined job duties (“the duties test”) and (2) be paid a fixed salary that meets or exceeds the state or federal salary threshold (“the salary basis” test). Most Washington workers are covered […]

read more

Five Key Changes that Paid Family and Medical Leave Will Bring

On January 1, 2020, Washington will become the fifth state to implement a mandatory paid family and medical leave
program, joining California, New Jersey, New York, and Rhode Island. (Connecticut, Massachusetts, and Oregon have enacted similar laws, but they do not take effect until 2021 or later.) In Washington, the […]

read more

A Tale of Trucks and Apples: Some Clarity Comes to Washington’s Wage Laws

In Washington, wage and hour laws often impose technical and unforeseen obligations on employers. Long-term practices can become unlawful overnight with no warning. Happily, however, the Washington Supreme Court recently resolved a contested issue in employers’ favor. In Sampson v. Knight Transportation Inc. (September 5, 2019), the Court […]

read more

Mistaken Identity or Just a Mistake?

Sometimes things just don’t add up. And sometimes, there’s a reasonable explanation. Every employer is required to determine employee eligibility to work in the U.S. by using the I-9 form. The current form is set to expire on August 31, 2019, but the U.S. Citizenship and Immigration Services […]

read more

“Obesity” Is a Disability in Washington State

Recently, the Washington State Supreme Court expanded the Washington Law Against Discrimination (“WLAD”) to include “obesity” as a disability. Specifically, the Court held that “obesity always qualifies as an impairment under the plain language of [the WLAD] because it is recognized by the medical community as a […]

read more

Rats, and Cats, and Banners (Oh My!)

The hoped-for “Trump effect” appears to be in play and is pushing the National Labor Relations Board (“Board”) pendulum back toward the management side of the equation after the Obama years. Among the changes on the horizon are a thawing of the definitions of […]

read more