Archives: Publications

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 […]

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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 […]

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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 […]

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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 […]

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“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 […]

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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 […]

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Your Noncompetition Agreements May Soon Be Unenforceable

On April 17, 2019, the Washington Legislature passed a bill that would drastically alter the legal landscape for noncompetition agreements. Presently the bill is on the Governor’s desk, awaiting his signature. The new law, once enacted, will invalidate many (and perhaps most) existing noncompetition agreements in Washington, as of January 1, 2020 […]

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To Leave – or Not to Leave…

The Federal Medical Leave Act (FMLA) provides for 12 weeks of unpaid, but jobprotected, leave for employees’ family and medical reasons. Employers often provide employees with other forms of paid leave that they can also use to care for themselves or their family members. Prior to 2014, employers would often require […]

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