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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

The Washington legislature closed out its 2017-2018 legislative session by passing several new employment-related bills that Governor Inslee signed into law. Several measures were in response to recent high profile sexual harassment cases and the #MeToo movement […]

The Fair Labor Standards Act requires that non-exempt employees be paid a minimum of $7.25 per hour and overtime pay at time and one-half of the regular rate of pay for all hours worked over 40 in a workweek. If an employee earns tips, the employer is permitted […]

Most employers are aware of their duty to prevent discrimination and harassment in the workplace, to investigate any complaints about such conduct, and, if violations are found, to take effective corrective action. But what if the alleged harasser contends their discriminatory conduct was a form of protected concerted activity under federal labor […]