Two new pieces of legislation enacted in March 2022 have changed the landscape of confidentiality in the employment relationship in Washington. On March 24, 2022, Governor Inslee signed into law Washington’s “Silenced No More Act,” prohibiting employers’ use of non-disclosure agreements (“NDAs”) and nondisparagement agreements to prevent employees from speaking publicly about certain workplace disputes. […]

The National Labor Relations Board (“NLRB”) is currently reconsidering its legal framework for assessing whether workplace rules violate federal labor laws. If revised, the new standard adopted by the NLRB could have a significant impact on how you may need to draft and revise your existing and future workplace policies to avoid violations, so let’s discuss it. […]

On June 14, 2021, the Seattle City Council passed the Independent Contractor Protections Ordinance (“ICPO”), which is slated to take effect on September 1, 2022. See SMC 14.34. The ICPO will apply to all “covered independent contractors who perform work for a covered hiring entity.” The lengthy ordinance runs on for 49 pages and is full of traps for the unaware, so let us help you unpack it. […]

In late December 2021, the State Legislature and Governor Inslee delayed premium assessment under the Washington Cares Act (the “Act”) prior to its scheduled January 1, 2022, start date. Under this pause, the state will not collect premiums from employers under the Act prior to April 2022. The Legislature is slated to address potential changes to the Act during the legislative session beginning January 10, 2022. […]

Employers depend on their supervisory employees to supervise other employees’ work performance and help prevent company policy violations. So, what happens when the supervisory employee violates a serious company policy or safety rule? […]

On November 4, 2021, the Occupational Safety and Health Administration (OSHA) released its highly anticipated emergency temporary standard (ETS) regarding COVID-19 vaccination and testing. Under the ETS, employers with 100 or more employees must require employees to either be vaccinated or present a negative COVID-19 test weekly and wear a face covering when indoors. The ETS also requires employers to pay employees for the time it takes to get vaccinated and recover from any side effects that prevent them from working. […]

Washington courts have a long-standing policy of protecting employees and routinely hold employers liable in wage and hour cases, generously interpreting state law in favor of employees. Wage and hour claims can be particularly expensive. Employers can be liable not only for the claimed owed wages but also for double damages, 12% prejudgment interest, and the employee’s attorney’s fees and costs. […]

This past month, the Ninth Circuit held that workplace favoritism toward a supervisor’s romantic partner is not unlawful sex discrimination under Title VII. The decision, Maner v. Dignity Health, brought the Ninth Circuit into alignment with all other circuits that have considered Title VII claims brought under the “paramour preference” theory. […]

On July 29, 2021, the Department of Labor (“DOL”) rescinded the Trump Administration’s Joint Employer Rule under the Fair Labor Standards Act (“FLSA”). The Rescission Final Rule was published on July 30, 2021, and becomes effective on September 28, 2021. […]

As of June 30, 2021, Washington State businesses are now able to open at full capacity and have fewer requirements to follow to protect employees from COVID-19. As businesses prepare to return to “normal” pre-pandemic capacity and operations, however, they should also be prepared for the fact that the workplaces they will be returning to reflect a post-pandemic “new normal.” […]

Now that President Biden’s Administration (“Administration”) has had time to settle in, we are seeing, and will continue to see, a shift in regulations regarding the employer and employee relationship. It appears that the Administration is targeting racial and gender inequities, employee misclassifications, and protections for LGBTQ+ employees. To accomplish this, the Administration is providing substantial budget allocations to the U.S. Department of Labor and signing new Executive Orders (“EO”). […]

A first-in-the-nation long-term care benefit and payroll tax mandated by the Washington Legislature in 2019 will soon go into effect, and employers and employees who have been focused on dealing with the coronavirus pandemic will need to shift their focus towards this new mandate and its fast-approaching deadlines for compliance. […]