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So Much for Goodbye: FTC Ban on Noncompetes Just Overturned

On May 7, 2024, the Federal Trade Commission (FTC) published a much-anticipated new rule that would have prohibited ALL new noncompetes with employees nationwide, and enforcement of almost all existing noncompetes beginning...more

So Long, Farewell, and Goodbye…to (Most) Noncompetes

On May 7, 2024, the Federal Trade Commission (FTC) published a much-anticipated new rule that, once in effect, will prohibit ALL new noncompetes with employees nationwide, and enforcement of almost all existing noncompetes...more

April and May Showered Employers with Legal Developments Locally and Nationwide

April and early May have been busy times for employment practitioners. From noncompete bans to agencies issuing new gender discrimination guidance, the spring “showers” of laws and regulations and court decisions discussed...more

[Webinar] Embracing Change: A Guide to Oregon's Evolving Leave Laws Landscape - May 29th, 9:00 am - 10:30 am PDT

Paid Leave Oregon (PLO) continues to shape the landscape of Oregon employment benefits since going into effect on September 3, 2023, and employers have faced ongoing challenges in navigating its complexities. In addition, the...more

Washington Paid Sick Leave Alert: Construction Worker Definition Clarified by Washington Legislature

“You keep using that word. I do not think it means, what you think it means.” – Inigo Montoya, The Princess Bride You may recall our alert just this January regarding a change to the sick leave rules that was uniquely...more

(We Can’t Have No) Retaliation: Part Two—Important Lessons for Employers Resulting from the SCOTUS Whistleblower Decision

Outlined in part one of our series—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley—the U.S. Supreme Court reversed a federal court of appeals decision, resolving a recent federal appeals court split...more

(We Can’t Have No) Retaliation: Part One—SCOTUS Clarifies Whistleblower Claims Standard under Sarbanes Oxley

On February 8, 2024, the U.S. Supreme Court reversed a federal court of appeals decision, resolving a relatively recent federal appeals court split regarding the standard for liability in Sarbanes-Oxley whistleblower claims....more

Washington Public Contracts Require New Anti-Discrimination Clause Effective January 1, 2024

While current anti-discrimination laws in Washington (RCW Chapter 49.60) already apply to most employers, SB 5186 effective January 1, 2024, now requires that anti-discrimination clauses incorporating those protections be...more

The New Year Brings New Sick Leave Rules to Washington

As of January 1, 2024, Washington employers with commercial construction workers will need to be prepared to comply with new rules regarding paid sick leave. There are also new provisions applying to all employers....more

Paid Leave Oregon Benefits Begin September 3; Employees Can Start Applying NOW!

As of today, there has been no announcement of any delay in rolling out Paid Leave Oregon (PLO) so it is currently anticipated that paid leave benefits will begin September 3, 2023, as originally planned. See our prior alert:...more

Oregon Employers Take Note: Legislature Amends OFLA and Oregon Paid Leave for Better Alignment

Governor Kotek signed Oregon Senate Bill 999 into law on June 7, 2023, which amends the Oregon Family Leave Act (OFLA) and Paid Leave Oregon (ORS Chapter 657B) and incorporates changes intended to better align the laws in...more

Employee Paid Leave Benefits in Oregon May (Or May Not) Be Delayed Further

As most Oregon employers are well aware by now, Oregon’s paid family and medical leave program, known as Paid Leave Oregon, is now underway—at least in part. Paid Leave Oregon is a mandatory statewide insurance program that...more

[Webinar] Pay Transparency: Employer Requirements and Proactive Strategies - April 5th, 8:00 am - 9:00 am PDT

Across the country, pay transparency is an escalating priority for today’s workforce and lawmakers. In both Washington and Oregon—where we have laws targeting equal pay—new compliance requirements and strategies are driving...more

Employer Update: FTC Proposes New Rule to Ban Employment Noncompetes

As it had been encouraged by President Biden after he took office, the Federal Trade Commission (FTC) today finally took steps to regulate employee noncompete agreements at the federal level...more

Employer Alert: Asthma in the Cannabis Workplace

Under state and federal occupational safety laws, employers have a general duty to provide a safe and healthy workplace. That duty includes taking reasonable steps to keep it free of any recognized hazards that might hurt or...more

Oregon Paid Family Leave Is Fast Approaching: Model Notice/Poster Now Available!

As most Oregon employers are aware by now, Oregon’s Paid Family Leave program is set to go into effect next year. While the start date for leave benefits to begin was pushed back to September 1, 2023, employers still need to...more

COVID Update: EEOC Revises Guidance on Workplace Screening

As summer winds to a close, students return to classrooms and campuses, and many workplaces have returned to in-person activities. Either in whole or in part, COVID-19 has perhaps begun to be less “front of mind” than it once...more

Accommodating Religious Beliefs in a ‘Post-pandemic’ Workplace

It should be no surprise that the novel coronavirus disease (COVID-19) pandemic has had a tremendous impact on today’s employees’ thoughts on life, work, and workplace rules. A recent Harvard Business Review article describes...more

Preparing for Summer: Oregon OSHA and Washington L&I Adopt New Excessive Heat and Wildfire Smoke Rules

The Pacific Northwest experienced record high heat temperatures and poor air quality due to wildfires the past few summers. Last year, Oregon OSHA adopted temporary emergency rules following a historic heat wave to protect...more

Ninth Circuit Holds Temporary Conditions Can Trigger ADA Protections

Just this month, the Ninth Circuit Court of Appeals held that even temporary health conditions without long-term effects may qualify as disabilities protected by the federal Americans with Disabilities Act (ADA). While this...more

Washington Alert! Unmasking Some New COVID-19 Job Protections for Washington Workers

With all the focus on the imminent changes to mask mandates and renewed return to work planning efforts underway, one important new obligation in Washington State may have slipped past many employers’ radars. While announcing...more

A Roadmap for the New Normal in the Workplace Under COVID-19

February 1, 2022 Many businesses throughout the West Coast will soon start the process of phased returning to the workplace or have already welcomed employees back to workplaces to some extent. This requires employers to take...more

Considerations for Employers Contemplating a Voluntary or Mandatory COVID-19 Vaccine Policy (February 2022 Update)

Although litigation is still ongoing for some vaccine-related mandates, we have new guidance and key developments in vaccine mandate litigation and regulations since our September 20021 update...more

The Supreme Court Blocks the Federal Vaccine Mandate for Large Employers; Greenlights Healthcare Vaccine Mandate

OSHA’s Vaccine or Test Mandate now Blocked In a split (6-3) decision, the U.S. Supreme Court blocked the Emergency Temporary Standards to Protect Workers from Coronavirus (ETS), issued by the federal Occupational Safety and...more

[Webinar] The Latest COVID-19 Guidance for Employers: Vaccine Mandates and Accommodations - February 2nd, 10:00 am - 12:00 pm PST

Join the Miller Nash employment and labor attorneys for an interactive webinar designed to help employers understand the latest developments and tools for managing a workplace during the ever-evolving COVID-19 pandemic. We’ll...more

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