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Next on the Chopping Block: In Light of Recent Removals of the Agricultural Exemption from State Wage and Hour Laws, Employers Are...

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

Washington’s Travel Time Trap for Employers

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

U.S. Supreme Court Decision Affects California Agricultural Growers

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

Congress Extends the FFCRA’s Payroll-Tax Credit for Employers (but not the Paid-Leave Obligation!)

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

Ninth Circuit Holds that After-Acquired Evidence May Disqualify Plaintiffs Under the Americans With Disabilities Act

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

Update: What Employers Should Know About The “Families First Coronavirus Response Act”

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

Seattle Employers: Prepare for Employee Commuter Benefits

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

NLRB Adopts “Contract Coverage” Standard to Apply to an Employer’s Unilateral Changes to Terms and Conditions of Employment

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

Weed & Work: As Legalization Spreads, So Does Uncertainty Over Employers’ Duty to Accommodate Marijuana Use

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

Obesity Is A Disability, Washington Supreme Court Rules

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’s Limited Cooperative Association Statute

 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 Hammer Revealed: Mandatory Recall Authority Under The Food Safety Modernization Act

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

California High Court Rejects De Minimis Standard, Requiring Employers to Account for and Compensate Even Small Increments of Time...

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

California Changes the Gig Economy Game For Independent Contractor Status

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

Washington Law Prohibits Employers from Requiring Non-Disclosure Agreements Covering Sexual Harassment or Assault as a Condition...

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

Washington Meal Breaks

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 Paid Family Leave

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

U.S. Supreme Court Grants Certiorari To Evaluate Class Waivers Under the National Labor Relations Act

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

Seattle to Impose Work Scheduling Restrictions on Large Retail and Food Services Employers

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

Ninth Circuit Holds that Employees’ Waiver of All Forums for Class or Collective Action Violates NLRA

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

NLRB: Unions may organize permanent and temporary workers without employers' consent

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

Washington State’s Cooperative Law Overhauled Effective January 1, 2016

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

Washington Employers, Be Careful When Demanding Arbitration Agreements from Current Employees

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

Quirky Question #266: What’s up with Pregnancy Discrimination?

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

Employer Is Liable under the WLAD for Refusing to Hire a Truck Driver for Taking a Prescribed Narcotic

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

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