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California Supreme Court Holds Single Allegation of Racial Slur by Coworker Sufficient to Form Basis of Hostile Work Environment...

Recently, the California Supreme Court found that a plaintiff’s claim based on a single (disputed) racial epithet by a non-supervisory coworker was sufficient to form the basis of a hostile work environment claim—it was...more

NLRB Acts Swiftly to Apply New Standards on Union Elections and Bargaining Obligations

As expected, the National Labor Relations Board (NLRB) is swiftly implementing its new standards governing union elections and bargaining orders under the groundbreaking Cemex decision. We discussed Cemex and the new...more

NLRB Turns Union Representation Process Upside Down, Preferring Card Check Recognition Over Elections: Practical Considerations...

WARNING TO ALL PRIVATE NONUNION EMPLOYERS In a crucial case for nonunion employers, the National Labor Relations Board (NLRB) has upended the rules governing how a workplace becomes unionized. Now, employers can be obligated...more

U.S. Supreme Court Holds Union Can Be Sued for Strike Designed to Cause Damage to Employer’s Property

In Glacier Northwest, Inc. v. Teamsters, with an 8-1 decision, the U.S. Supreme Court recently clarified that a union’s conduct during a strike that intentionally (or at least unreasonably and foreseeably) causes financial or...more

Minimum Wage and Payroll Tax Changes Effective July 1, 2023, in Oregon and Washington

Oregon Minimum Wage Increases Oregon’s Bureau of Labor and Industries (BOLI) recently announced the precise annual increase to Oregon’s minimum wage rates, which will go into effect on July 1, 2023. Oregon’s minimum wage...more

“No Spanish” Rule is National Origin Discrimination and Retaliation, Says EEOC

Recently, the Equal Employment Opportunity Commission (EEOC) settled charges of national origin discrimination and retaliation against Total Employment and Management (TEAM)—a Washington employer who instituted a “No Spanish”...more

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 2

In Part 2 of our blog series highlighting some of the risks for employers when pay and time practices don’t comport with wage and hour laws, the case details and key takeaways below should provide West Coast employers...more

As Time Goes by…Pay Practices Which May Be a Surprising Risk for Employers—Part 1

As it turns out, yes, people do care about time. Two recent court cases highlight some of the risks for employers when pay and timekeeping practices don’t comport with wage and hour laws. We’ll provide overviews of each case...more

Washington Court of Appeals Voids Class Action Waivers in Some Wage and Hour Claims

In a recently published decision, the Washington Court of Appeals declared class action waivers in certain employment agreements unenforceable. In Oakley v. Domino’s Pizza, LLC, plaintiff Oakley brought claims under the...more

Seattle Alert: New Independent Contractor Protections Go Into Effect September 1, 2022

There are new regulations for businesses/hiring entities who engage with independent contractors (ICs) working in Seattle which go into effect September 1, 2022. The regulations require businesses to provide certain...more

The NLRB Reawakened: Part One—New Obstacles to Settlement of Unfair Labor Practices

On September 15, 2021, National Labor Relations Board General Counsel Jennifer Abruzzo issued Memorandum GC 21-07 (“Full Remedies in Settlement Agreements”), which urges the Regions to seek remedies in the settlement of...more

Washington Employers Should Prepare for Historically High Increases in the Minimum Wage and Exempt Salary Requirements

As all Washington employers know, Washington employees who are nonexempt (e.g., not salaried) must be paid an hourly minimum wage. Additionally, Washington establishes minimum salaries for exempt (i.e., salaried) employees,...more

Use it or Lose it: SCOTUS Eases Arbitration Waiver Analysis in Most Circuits, States

Many contracts these days, including employment contracts, have provisions requiring that disputes be arbitrated rather than filed in a court. Nevertheless, a party to such an agreement will often file a lawsuit in court, and...more

Washington Court of Appeals Expands Possibility for Attorney’s Fees Claim Under Wage Statute as Separate Cause of Action

In the recently published Reeves v. Mason County, Division III of the Washington Court of Appeals expanded the availability of a standalone suit to recover attorney’s fees accrued when an employee successfully recovered lost...more

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