On August 20, a federal judge in Texas struck down the Federal Trade Commission’s (FTC) rule that would have banned noncompete agreements nationwide. This ruling has significant implications for both employers and employees across the United States. U.S. District Judge Ada Brown ruled that the FTC does not have the authority to implement a sweeping... View Article
Time rounding is designed to streamline payroll calculations benefitting both employers and employees. The Department of Labor and Industries in Washington has historically permitted this practice, provided it adheres to a strict neutrality policy. The rule is clear: any rounding must not favor the employer. In instances where bias is evident, the scales must tip... View Article
Now is the time to review your employment documents and identify any provisions that may be classified as noncompete provisions that will contravene the new Washington law and the federal Rule. Assess the potential risks these changes pose to your business and consider alternative risk management tools to safeguard your business interests. Make necessary changes to documents and processes to ensure compliance with Washington’s law. Compile a list of current and former employees impacted by the new federal Rule and be prepared to modify your documents again to comply with the Rule, should it come into effect.
On March 13, 2024, Washington’s noncompete law was amended to further limit the use of noncompete provisions and nonsolicitation provisions against employees and contractors. The changes are a significant shift, and most employment agreements that have restrictive covenants will be in violation of the new requirements. It’s critical to review and update these documents prior... View Article
NOTE: This rule is currently in litigation and has not taken effect. We will continue to monitor and update this post. Employers should be aware of the continuing trends toward employee rights and be prepared for this kind of rule from states and the federal government. The National Labor Relations Board (NLRB) has rolled out... View Article
On July 18, 2023, Oregon joined the growing number of states in signing into law comprehensive data privacy legislation. Effective July 1, 2024, the Oregon Consumer Privacy Act (the OCPA or the Act) will create meaningful privacy protections for Oregon consumers and new data protection obligations for businesses operating in Oregon.
How is the Changing Perception of Cannabis Impacting Employment Practices? As legalized cannabis becomes more prevalent and widely accepted, so too have the attitudes and perspectives on cannabis usage evolved, including a shift in the current employment-related cannabis testing practices. Despite being a legal substance in Washington State, many employers still routinely choose to require... View Article
Consumer health data, as defined by the Act, encompasses a wide range of personal information linked to or reasonably could identify a consumer’s past, current, or future physical or mental health status consumer's physical or mental health status. Examples include individual health conditions, treatments, genetic data, diseases, diagnosis, use or purchase of prescribed medications, vital signs, bodily functions, symptoms, genetic data, biometric data, and more!
Starting January 1, 2024, Washington State is set to introduce a series of wage adjustments that will impact businesses of all sizes. In 2020, the Washington State Department of Labor & Industries updated the rules for exempt workers by creating an eight-year implementation schedule that incrementally raises the multiplier until it reaches 2.5 times in 2028. Though the pace of the increase is based on the size of the employer, small enterprises to large corporations alike will feel the effects of these changes.