Archives: Publications

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. […]

Fall Updates

As we wind up the calendar year, employers should take note of legislative changes enacted during 2022, as well as those anticipated in the new year. […]

Sexual Harassment in the Workplace Could Lead to Disability Benefits

A recent decision by the U.S. District Court for the Western District of Washington suggests that sexual harassment in the workplace could lead to the wronged employee receiving disability benefits under the employer’s disability insurance plan. This case signals an emerging trend of courts exploring the psychological impacts of sexual harassment and the intersection of these effects with disability law. […]

The Monkeypox Virus: What Employers Need to Know About the New Public Health Emergency

As employers continue to navigate the evolving stages of the COVID-19 pandemic in the workplace, we now face a new public health challenge: the monkeypox virus (“MPV”). […]

“Victory” Against Excessive Emotional Distress Damages?

In April 2021, the employer world gasped when a Seattle jury awarded a fired IBM manager $11 million in damages. IBM recently received some good news: The Ninth Circuit just overturned the $6 million emotional distress verdict as excessive in Kingston v. International Business Machines Corp. […]