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$1.65 Million “Advisory” Jury Award in Idaho Employment Case

An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge....more

COVID-19 Vaccine and Mask Mandates - Comparison of Select States

On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the...more

No Mask, No Problem – Washington Department of Labor & Industries Issues New Guidance for Fully Vaccinated Workers

On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers.  The new guidance will help employers adjust masking policies to meet the new Centers for...more

Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19

For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing...more

Handling Political Activity and Expression in the Workplace

The 2020 presidential election, coupled with nationwide civil unrest and a global pandemic, is creating a lot of conversation in employees’ personal and professional lives. In a February 2020 survey, employees reported...more

EEOC Guidance: Employers Cannot Test Employees for COVID-19 Antibodies

The legal landscape continues to shift rapidly during the COVID-19 pandemic.  As we reported here and here, Equal Employment Opportunity Commission (“EEOC”) guidance allows employers to require employee temperature checks, as...more

Employees May Now Bring Direct Claims Against Employers for Alleged Violations of the WA Paid Family and Medical Leave Act

Amendments to the Washington Paid Family and Medical Leave Act (“WPFMLA”) that went into effect June 11, 2020 include a new private right of action for employees. Under the WPFMLA, employers are prohibited from interfering...more

Washington Governor Extends Proclamation Requiring Accommodation of High-Risk Employees

Governor Inslee has extended – until at least August 1, 2020 – his proclamation prohibiting all Washington employers from failing to provide accommodations to workers at high risk should they contract COVID-19....more

Washington’s Safe Start Proclamation for Phased Reopening Includes a Mandate That Employees Wear Cloth Face Coverings

At midnight on May 31, Governor Inslee’s “Stay Home – Stay Healthy” order expired, replaced by his “Safe Start – Stay Healthy” order of the same day (“Safe Start Proclamation”).  Under the Safe Start Proclamation, any county...more

The Status of Washington’s COVID-19 Restrictions: Phased Reopening, Contact Tracing, and Mask Requirements

Phased Reopening - As part of his proclamation extending the Stay Home – Stay Healthy Order through May 31, Governor Inslee established a phased approach to reopening the state: Safe Start Washington....more

Alaska Reopens for Business

Much of Alaska will be allowed to reopen as of 8 a.m. on May 22.   Governor Dunleavy has announced that the state will move straight from its current Phase II of the Reopen Alaska Responsibly Plan, which permits only limited...more

Ten Things to Consider In Getting Back to Work

As restrictions are easing, employers are planning for and starting to bring people back to work.  In these extraordinary times, everyone recognizes that things will not be business as usual.  Here is our “Top 10” checklist...more

Washington Governor Mandates That Employers Accommodate Employees at High Risk of Contracting COVID-19

For at least the next two months, Washington employers are required to take extra measures to accommodate employees characterized by the Centers for Disease Control and Prevention (CDC) to be at higher than normal risk of...more

Workplace Issues Related to COVID-19

With the novel coronavirus (COVID-19) outbreak impacting communities throughout the Northwest, the US, and the world, employers are preparing for a possible widespread impact to their workforce and, at the same time, trying...more

Washington’s New Leave Laws and the COVID-19 Outbreak

No sooner has Washington enacted two major new leave laws – the Washington Paid Sick Leave Law and the Washington Paid Family and Medical Leave Law (WPFML) – than the State has found itself to be one of the epicenters of the...more

Benefits Kick in for Washington Employees Under the New Paid Family and Medical Leave Act

Beginning January 1, 2020, Washington employees will have access to the benefits of Washington’s Paid Family and Medical Leave (“WPFML”) law, administered by the Washington Employment Security Department (“ESD”). Nearly all...more

Ninth Circuit Rules That Basing Employees’ Wages on Their Prior Compensation Violates the Equal Pay Act

Employers in the Ninth Circuit (which includes Washington, Oregon, California, Alaska, Idaho, Montana, Nevada, Arizona, and Hawai’i) can no longer justify pay differentials between male and female employees based upon...more

Worker Safety Law Alert: What You Need to Know to Avoid Enforcement Actions

Employers should remain on alert regarding the increasing trend towards more aggressive enforcement of worker safety standards demonstrated over the past year by the U.S. Occupational Safety and Health Administration (“OSHA”)...more

Seattle City Council Passes Secure Scheduling Ordinance With Sweeping Implications for Employers in the Food Service and Retail...

On Monday, the Seattle City Council unanimously passed a “Secure Scheduling Ordinance,” set to take effect in July 2017, that will place substantial limitations on covered employers’ ability to flexibly schedule workers....more

The Federal Budget Deal Will Mean Higher OSHA Penalties for Employers

The Bipartisan Budget Act of 2015, signed by President Obama on November 2nd, contains a buried provision with the potential to substantially impact employers. Section 701 of the Act significantly increases the maximum civil...more

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