Archives: Publications

NLRB Ruling Facilitates Union Recognition

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. […]

EEOC’s Updated Guidance on Disabilities Provides New Information and Reminders for Employers

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

U.S. Supreme Court Makes It Easier for Employees to Seek Religious Accommodations

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. […]

Washington Restricts Pre-Employment Cannabis Testing

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. […]

Seattle Leads in Protecting Gig Workers

On May 1, 2023, Seattle became the first city in the nation to permanently require companies to provide paid sick and safe time leave to gig workers—also known as app-based workers. […]

Reducing Harmful Bias in Hiring Algorithms

Companies are increasingly using algorithms in their candidate selection process either directly, or indirectly when they employ a vendor that uses algorithms. The use of algorithms is intended to remove unintended selection bias from the hiring process. […]

NLRB Rules that Employers May Not Silence Employees with Confidentiality and Non-Disparagement Provisions

On February 21, 2023, the National Labor Relations Board (the “Board” or the “NLRB”) issued a decision in McLaren Macomb, 371 NLRB No. 58 (2023), that could significantly alter the terms of severance agreements with departing employees. […]

Washington Employers Face Increased Pay Transparency Requirements

As a friendly reminder, Washington’s Pay Transparency Law went into effect on January 1, 2023. Employers now must disclose in each job posting: (1) the wage scale or salary range for the position; and (2) a general description of all benefits and other compensation to be offered. […]

Ninth Circuit Revives Teacher’s First Amendment Lawsuit and Rules MAGA Hat Was Protected Speech

Plaintiff Eric Dodge was a long-time teacher in the Evergreen School District (“the District”) in Vancouver, Washington. In August 2019, Dodge attended two teacher training days and brought a Make America Great Again (“MAGA”) hat. The first day of training involved cultural sensitivity and racial bias training presented by a professor from Washington State University. […]

New Year’s Resolutions for Best Employment Practices

A New Year’s Resolution that is on every employer’s list is minimizing and preventing litigation. This can be done by ensuring your company’s policies, procedures, and agreements are in compliance with local, state, and federal labor and employment laws, as well as providing employees with crucial training. […]