The Trump Administration has continued to legislate via Executive Order. In recent months, these Orders have had the effect of upending some federal employment policies that have been in effect for half a century. This note explores one of those changes: the President’s direction that all federal agencies eliminate use of disparate impact theory and its implications for employers. […]

The U.S. Supreme Court heard oral argument on February 26, 2025, in a case that will decide whether “majority group” plaintiffs must offer additional evidence of “background circumstances” to overcome step one (membership in a protected class) of the familiar McDonnell Douglas framework at summary judgment. […]

Since January 1, 2018, employers in Washington State have been required to provide non-exempt employees with paid sick leave under Washington’s Paid Sick Leave law. Legislation passed in 2024 expands leave protections under the law, including the definition of “family members” for whom employees may use paid sick leave hours to provide care. […]

With the recent flurry of newsworthy appointments and executive orders from the Trump Administration’s first month in office, the landscape of employment law has already shifted. This note focuses on one such seismic change: Trump’s appointment of a new Acting Chair for the Equal Employment Opportunity Commission, Andrea Lucas. […]

In recent years, technological improvements have made it possible for wearable digital devices to collect vast amounts of data—including about the human body. In what once would be a scenario in a science-fiction novel, the federal Equal Employment Opportunity Commission recently issued a factsheet covering wearable technologies in the workplace that includes guidance on employers’ use of everything from smart watches and glasses to exoskeletons. […]

On September 30, 2024, Division One of the Washington State Court of Appeals issued a decision in Androckitis v. Virginia Mason Medical Center that clarified what is owed to an employee who does not receive a full, uninterrupted 30-minute meal break. Unfortunately, the decision is not good news for employers. […]

In recent months, the prevailing case law governing a Washington employer’s obligation to accommodate an employee’s religious practices has dramatically shifted in a pro-employer direction. […]

Effective January 1, 2025, Seattle will raise its minimum wage to $20.76 per hour for all employers. Additionally, as of the same date, small businesses will no longer be able to make up any part of the minimum wage with customer tips or payments toward medical benefits for their employees. […]

In April of this year, the Federal Trade Commission announced that its new rule banning noncompete agreements would be formally effective on September 4, 2024. In late August, however, a federal district court issued a nationwide order setting aside the rule and blocking its enforcement. […]

In a unanimous decision issued on April 17, 2024, the United States Supreme Court in Muldrow v. City of St. Louis made it easier for employees to demonstrate that they were subjected to an adverse action under Title VII of the Civil Rights Act. […]

On June 28, 2024, the U.S. Supreme Court struck down a 40-year-old ruling known as the “Chevron Deference,” which required courts to defer to federal agencies’ reasonable interpretations of ambiguous statutes that they administer even if the courts disagreed with the agencies. […]

The Washington legislature recently expanded the scope of the Equal Pay and Opportunities Act (“EPOA”) to cover claims beyond gender-based discrimination. Starting July 1, 2025, in addition to sex, the EPOA’s remedial scheme will include claims based on age, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or use of a trained dog guide or service animal by a person with a disability. […]