On April 24, 2024, the Federal Trade Commission voted to finalize a rule that would ban most noncompetition covenants. The new final rule would 1) prohibit employers from entering new noncompete agreements with employees; and 2) prohibit employers from enforcing almost all existing noncompetition agreements between employers and employees. […]

In March 2024, Governor Jay Inslee signed into law a Substitute Senate Bill (SSB 5935) modifying Washington’s 2019 non-compete statute, RCW 49.62. The amendment’s purpose was to clarify the law, which the Washington Legislature believes the courts have misinterpreted. […]

House Bill (“HB”) 1893 has not passed after it failed to advance to the Senate floor by the March 1 cutoff. The bill, if passed, would have allowed workers who walk off the job to strike to qualify for up to four weeks of unemployment insurance benefits. […]

The U.S. Department of Labor issued its Final Rule in January 2024, defining “independent contractor” under the Fair Labor Standards Act. The new rule, which takes effect March 11, 2024, emphasizes a more employee-focused approach to worker classification. […]

The New Year has brought with it several changes to the landscape of Washington’s labor and employment laws. Employers unacquainted with these new rules risk stumbling into liability, as Washington’s legislature has uniformly expanded employee protections in 2024. […]

Over the last year, the federal government has increased its oversight of federal contractors’ employment practices. This fact is illustrated by the Department of Labor’s (“DOL”) announcement it collected just under $7 million in back wages for the month of October 2023. […]

The National Labor Relations Board (“NLRB”) has again issued a new ruling for determining joint-employer status under the National Labor Relations Act (“NLRA”). The ruling rescinds the previous standard of “substantial direct and immediate control” that took effect in April 2020. […]

In its September 14, 2023, unanimous decision in Stratford v. Umpqua Bank, the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. […]

On August 25, 2023, the National Labor Relations Board issued a landmark ruling, Cemex Construction Materials Pacific, overruling 50 years of precedent regarding union recognition, elections, and bargaining orders. […]

On July 26, 2023, the EEOC issued updated guidance about the Americans with Disabilities Act (ADA) and employees and applicants with visual disabilities. […]

In its June 29, 2023, unanimous decision in Groff v. DeJoy, the United States Supreme Court made it easier for employees to seek religious accommodations from their employers. The Court said an employer can only deny an employee’s request for religious accommodation if the employer can demonstrate that the requested accommodation would result in substantial increased costs for the employer. […]

As of January 1, 2024, employers in Washington State cannot refuse to hire an applicant based on his or her past use of cannabis. The new law, however, does not impact an employer’s ability to drug test applicants for controlled substances. […]