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Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Don’t Let a Tight Labor Market Get Your Guard Down

In wrongful termination cases in the U.S., the primary source of liability for employers is an employee’s alleged lost wages. Under U.S. law, an employee who is terminated for a discriminatory or a retaliatory reason is...more

U.S. Equal Pay and Pay Transparency Laws Are Getting More Complex

Several U.S. states have been adopting more complex pay transparency laws and stricter equal pay statutes that prohibit employers from paying two employees differently to perform the same role based on factors such as race or...more

States Expand Pay Transparency Requirements, Including for Remote Job Postings

In order to address income disparities and employer discrimination, a growing number of jurisdictions in the U.S. have implemented salary transparency laws that not only require disclosure of certain salary information during...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

COVID-19 Safety Precautions Expose American Employers to New Wage and Hour Claims

Two former employees of Cresco Labs have filed a collective and class action complaint in Illinois federal court, alleging that their employer failed to compensate its employees for time spent putting on and taking off...more

U.S. Department of Labor Rule Broadens the Classification of Independent Contractors

The United States Department of Labor (DOL) has issued a proposed rule addressing the definition of “independent contractor” in the context of the Fair Labor Standards Act (FLSA). Canadian companies with a presence in the...more

Independent Contractors Under U.S. Law: Knowing Your ABCs

A recent trend in U.S. employment law has been the adoption of stricter and stricter tests for when a worker may be classified as an independent contractor rather than an employee. Independent contractor relationships are...more

Washington Implements a Salary History Ban and Restrictions to Non-Compete Covenants

Last week, Washington signed into law two new employment laws that may have significant impacts on many Washington employers: a salary history ban and restrictions on non-compete covenants. Salary History Ban - On May...more

Employers Who File EEO-1 Reports Must Provide Pay Data to EEOC by September 30

The EEOC has long required employers with more than 100 employees or employers that are federal contractors with 50 or more employees to submit an EEO-1 report every year. The EEO-1 is a compliance survey that requires...more

Exempt or Non-Exempt Employee Under U.S. Law? Even U.S. Employers Frequently Get it Wrong

In the United States, employers are required to pay employees overtime (1.5 times the employee’s hourly rate) for hours worked over 40 per week. In some states, such as California, employers are required to pay overtime if...more

Is Trump’s DOL Pulling Back on Independent Contractor Classification Enforcement? Does it Matter?

During the Obama administration, the Department of Labor issued guidance letters intended to crack down on the misclassification of employees as independent contractors. On Wednesday, June 7, the DOL announced that it is...more

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