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. […]

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. […]