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Class Action Alert: “Conflict of Interest” Policies Are the Newest Trend for Class Action Lawsuits Against Employers in Washington...

Following a recent Washington Supreme Court decision, plaintiffs’ attorneys in Washington are targeting a new type of class action claim against employers: alleged violations of Washington’s noncompetition statute based on...more

A New Year Brings New Laws to Pacific Northwest Employers

It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for employers with Washington and/or Oregon employees....more

A Game of Texas Hold’em:  How Texas Stopped Wage Increases for Salaried Exempt Employees Nationwide

On November 15, 2024, a federal court in Texas vacated a U.S. Department of Labor (DOL) rule (the “2024 Rule”) that increased the minimum salary threshold for employees classified as exempt from overtime and minimum wage...more

U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring

AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms...more

A Win for Employers: New SCOTUS Decision Raises the Bar for the NLRB in Seeking Preliminary Injunctions Against Employers Charged...

On Thursday, June 13, 2024, in Starbucks Corp. v. M. Kathleen McKinney, Case No. 23-367, the U.S. Supreme Court ruled that district courts must apply a strict, four-factor test when adjudicating requests for preliminary...more

The DOL Announces New Overtime Exemption Rule Increasing the Salary Threshold for Exempt Employees

On April 23, 2024, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) announced a final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional (EAP), Outside Sales and...more

The U.S. Supreme Court Rejects “Significant Harm” Standard for Claims of Workplace Discrimination; Adopts More Employee-Friendly...

The Supreme Court of the United States issued an opinion on Wednesday, April 17, 2024, that will make it easier for employees to pursue discrimination claims against their employers based on job transfers or other...more

Washington State Imposes Further Restrictions on the Use of Noncompetition Agreements

On June 6, 2024, new amendments to Washington State’s noncompetition statute (RCW 49.62) will go into effect, which place further limitations on the use of noncompetition agreements in Washington. Substitute Senate Bill 5935...more

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

The DOL Issues New Rule on Independent Contractor Classification

On January 9, 2024, the U.S. Department of Labor (“DOL”) issued a new final rule, “Employee or Independent Contractor Classification under the Fair Labor Standards Act,” aimed at clarifying the distinction between employees...more

New Year, New Employment Laws in the Pacific Northwest

It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for Washington and Oregon employers (all effective January 1,...more

Class Action Alert: Pay Transparency Class Actions Are Mounting in Washington

This month, dozens of class action lawsuits have been filed in Washington, based on alleged violations of Washington’s Equal Pay and Opportunity Act. Employers recruiting or planning to recruit for any position in...more

Employer Notice: Pregnant Workers Gain Added Protections Under Federal Law

As of June 27, 2023, employers must offer additional protections to employees affected by pregnancy, childbirth, or a related medical condition under a new federal law—the Pregnant Workers Fairness Act (“PWFA”). The PWFA...more

Washington State’s “Silenced No More Act” Curtails the Use of Nondisclosure and Nondisparagement Provisions in Employment...

Effective June 9, 2022, Washington State’s Silenced No More Act (the “Act”) will prohibit nondisclosure and nondisparagement provisions regarding illegal acts of discrimination, harassment, retaliation, wage and hour...more

New Oregon Legislation Further Restricts the Use of Noncompetition Agreements

The Oregon Legislature recently passed a new bill (SB 169) that will have a major impact on the use of noncompetition agreements in Oregon. These amendments to Oregon’s existing noncompetition statute, ORS 653.295, will...more

Pacific Northwest Labor & Employment Law Update: New Laws Effective in 2021

Several new employment laws have taken effect as of January 1, 2021 in both Oregon and Washington. Below is a brief overview of the new laws impacting employers in the Pacific Northwest. Washington - ...more

Buchalter COVID-19 Client Alert: Court Decision Expands Families First Coronavirus Response Act Coverage

A recent New York federal court decision has called into question whether businesses may safely rely on Department of Labor guidance regarding the recently passed Families First Coronavirus Response Act (FFCRA). The FFCRA...more

Buchalter COVID-19 Client Alert: Mitigating Exposure to Employee COVID-19 Illness Claims

As more workers begin to return to the workplace, it is expected that there will be an increase in the number of lawsuits related to employee contraction of the virus in the workplace. While the general rule in most states is...more

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