Agricultural employers are often at the mercy of nature which causes constant fluctuations in labor needs. Given the unique nature of the agricultural industry, their workers have historically been exempt from minimum wage...more
Figuring out when you have to pay employees for travel time can be tricky in any state. A Washington Court of Appeals just held that the rules for determining when travel time is compensable are significantly more employee...more
On-farm agriculture operations have been excluded from federal labor law since 1935. California filled this gap by creating its own law in 1975, the California Agricultural Labor Relations Act (“ALRA”)....more
6/24/2021
/ Agricultural Workers ,
Cedar Point Nursery v Hassid ,
Farm Workers ,
Farms ,
Fifth Amendment ,
Fourteenth Amendment ,
Just Compensation ,
SCOTUS ,
Takings Clause ,
Unions ,
United Farm Workers
With the December 31, 2020 expiration of the Families First Coronavirus Response Act (“FFCRA”) fast approaching, on December 28 President Trump signed into law the Consolidated Appropriations Act of 2021 (the “CAA”). Although...more
On April 17, 2020, the Ninth Circuit Court of Appeals ruled that “after-acquired” evidence was admissible to show that an individual was not qualified under the Americans with Disabilities Act.
Sunny Anthony was employed by...more
On Wednesday afternoon (March 18), the Senate passed the revised House bill by an overwhelming 90-8 margin. The bill - including the technical corrections made on Monday by the House of Representatives - was sent to the...more
Effective January 1, 2020, Seattle employers with twenty or more employees worldwide must offer their employees the opportunity to make pre-tax payroll deductions for transit or vanpool expenses. The goal of the new Seattle...more
A recent decision by the National Labor Relations Board (the “NLRB” or “Board”) makes it easier for employers to change workplace rules without discussing the change with the union representing their employees.
As...more
9/13/2019
/ Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Contract Drafting ,
Contract Negotiations ,
Employer Liability Issues ,
Employer Rights ,
Employment Policies ,
NLRA ,
NLRB ,
Terms and Conditions ,
Unilateral Modification ,
Unions
When it comes to marijuana, the legal landscape is changing rapidly. Ten states, including California, have legalized recreational use. In more than twenty other states, some form of medical marijuana is legal....more
The Washington Supreme Court yesterday ruled, for the first time in Washington, that obesity can be a disabling condition that protects workers from discrimination and requires accommodation.
Employee, Casey Taylor, sued...more
Washington State recently passed a law setting forth a new business entity type: Limited Cooperative Associations (LCA). This new statute will become effective July 28, 2019....more
The Food Safety Modernization Act (FSMA) overhauled the nation’s food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA)...more
In a long-awaited decision, the California Supreme Court rejected the federal de minimis doctrine, making clear that in any instance in which employees perform “minutes of work,” before or after their shifts, that time must...more
7/31/2018
/ CA Supreme Court ,
De Minimis Claims ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Federal v State Law Application ,
Labor Code ,
Labor Law Violations ,
Starbucks ,
State Labor Laws ,
Timekeeping ,
Unpaid Wages ,
Wage and Hour
The California Supreme Court issued a ruling yesterday that will affect workers and businesses in the Golden State’s “Gig Economy.” The decision changes the standard to determine whether workers are classified as independent...more
5/2/2018
/ ABC Test ,
CA Supreme Court ,
Delivery Drivers ,
Drivers ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Wage and Hour
Washington Governor Jay Inslee signed into law yesterday, March 22, 2018, a bill that addresses sexual harassment in the workplace. The law prohibits employers from requiring employees to sign a non-disclosure agreement...more
The Washington Supreme Court held that an employer is not strictly liable under Washington law for an employee who voluntarily waives his or her meal break. The court also held that, once an employee has asserted a prima face...more
Washington is now the fifth state to guarantee paid family and medical leave to eligible employees, joining California, New Jersey, Rhode Island and New York (effective 2018). Washington D.C. also recently passed paid leave,...more
The U.S. Supreme Court decided today to consider related cases addressing whether arbitration agreements containing class action waivers violate employee rights under the National Labor Relations Act (“NLRA”).
The...more
On September 19, 2016, the Seattle City Council voted unanimously to approve a new legislation that would regulate how large retail and food-service businesses schedule their employees. Known as the “secure scheduling” law,...more
Employers who require employees to sign arbitration agreements as a condition of employment should take care: A split is developing among the federal appellate courts regarding the enforceability of so-called “concerted...more
In a decision that will affect staffing companies and the employers that use them, the National Labor Relations Board (“NLRB”) has smoothed the path for unions that seek to organize and represent permanent and temporary...more
For the first time in years, Washington’s cooperative statutes have been given a facelift. Effective January 1, 2016 (except certain provisions affecting Limited Liability Companies (LLCs)), Washington state has created a...more
Yesterday, in case called Mayne v. Monaco Enterprises, Inc., a Washington Appellate Court struck down an arbitration clause because the employee faced immediate termination if he did not sign. The employee in this case had...more
Question: Over the summer, we heard a lot about new guidance on pregnancy discrimination. What do we need to know to ensure we are complying with local, state, and federal laws on pregnancy discrimination?...more
9/15/2015
/ Best Practices ,
Disparate Treatment ,
Employer Liability Issues ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
McDonnell Douglas Formula ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
SCOTUS ,
Small Business ,
Young v United Parcel Service
Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...more
9/3/2015
/ Appeals ,
Best Management Practices ,
Commercial Truck Drivers ,
Disability Discrimination ,
Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Jury Awards ,
Prescription Drugs ,
Promissory Estoppel ,
Trucking Industry ,
Zero Tolerance Policies