Archives: Publications

Is it Harassment? Workplace Gossip Is No Joking Matter

Few workplaces are entirely free from gossip and rumors. Employers typically consider such chatter an annoying but inevitable part of social interactions among their employees, something to be ignored if possible. Supervisors sometimes join in the discussions of other employees’ personal lives […]

Not So Fast: The Supreme Court Puts the Brakes on Mandatory Arbitration for Truckers

In a recent decision, the Supreme Court found legal disputes between interstate trucking companies and owner-operator independent contractors cannot be forced into arbitration under the Federal Arbitration Act (“FAA”) even if the contractor agreement includes a mandatory arbitration clause […]

Partial Government Shutdown

The United States Constitution, in Article I, Section 9, states that “No Money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law.” A related federal statute, known as the “Antideficiency Act,” makes it unlawful for federal employees to “make or authorize an expenditure or obligation,” or to involve […]

The Corporate Survival Guide to Holiday Parties

For many employers, the company holiday party is as ubiquitous as the holidays themselves. Many organizations are privy to holiday party legends – some good, some bad. As the holiday season unfolds, companies throughout the Puget Sound region are once again preparing to celebrate […]

“(Wo)Man Bites Dog” in Alter Ego Case

In responding to an unfair labor practice charge alleging an “alter ego” relationship between a Union entity and a non-Union employer, an Administrative Law Judge recently ruled that a marital relationship between the owners of two businesses did not necessarily create […]

NLRB Signals Relaxation of Joint Employer Definition

On September 13, 2018, the National Labor Relations Board (NLRB) announced that it will be proposing a new regulation that will make it more challenging to establish a joint employer relationship under theNational Labor Relations Act (NLRA). Joint employment status can have a significant impact […]

The Meal Period Morass

On August 23, 2018, the Washington Supreme Court reaffirmed the maxim that “no good deed goes unpunished.” In Hill v. Garda CL Northwest, Inc., a class of armored car drivers and messengers filed a class action against the company claiming that they did not receive their […]

NLRB To Revisit Employee Use of Company Email

The Trump National Labor Relations Board (the “Board”) has signaled that promanagement changes to the use of company email systems, and perhaps other types of communications on company-owned devices, such as
instant messages, text, and posts […]

What Justice Anthony Kennedy’s Retirement from the U.S. Supreme Court May Mean for Future Labor and Employment Cases

Just hours after the ink had dried on the United States Supreme Court’s ruling in Janus v. AFCME Council 31—in which the Court held that public employees cannot be required to pay “fair share” union fees—Justice Anthony Kennedy announced his retirement. Justice Kennedy—long hailed the “swing vote” on the […]

United States Supreme Court Allows Employers to Wave Goodbye to Class Actions Through Arbitration Agreements

There are few words that carry as much dread for employers as “class action.” This is because a class action allows a single plaintiff (and her/his lawyers) to bring a representative action on behalf of persons who may have no knowledge of the alleged wrong, much less interest […]