In December 2017, the National Labor Relations Board (NLRB) overruled its 2015 decision in Browning-Ferris Industries, 36 NLRB No.186 (2015). This 2015 decision changed the standard for joint-employer liability, making the definition much broader than previously. The new decision reverts back to NLRB’s previous interpretation of the joint-employer relationship. Going forward, two or more entities... View Article
The short-term rental landscape in Seattle has changed significantly in the past few months. Several pieces of legislation, the culmination of two years of discussions, have been passed in the last months of 2017. These regulations aim to return units to the long-term housing market and stem the growth of short-term rentals within city limits.... View Article
As the effective date of Statewide Paid Sick and Safe time quickly approaches, I have had several clients say to me, “We are covered by Seattle Sick and Safe, so we don’t have to worry.” This isn’t true for two reasons: 1) Just because you are covered by Seattle (or another city ordinance requiring paid... View Article
On September 5, 2017, Attorney General Jeff Sessions announced the rescission of the DACA, the Deferred Action for Childhood Arrivals. The Department of Homeland Security also issued the Memorandum on Rescission Of Deferred Action For Childhood Arrivals . Under DACA, certain undocumented immigrants brought into the United States as children received an Employment Authorization Document (EAD)... View Article
A Washington federal district court recently ruled in favor of a terminated employee whose employer failed to accommodate for her use of prescription drugs due to a protected disability. The employee worked in customer service, and suffered from chronic migraines, for which she began receiving injections of the opioid Dilaudid. Due to her disability, she... View Article
On July 17, 2017, USCIS released a revised version of Form I-9, Employment Eligibility Verification. If this sounds familiar, it is. The last update to the Form 1-9 was in November of 2016. The easiest way to differentiate the new version from the recent update is to look at the version date in the lower left-hand corner.... View Article
As of July 5, 2017, Washington State became the latest to join a small group of states mandating paid family and medical leave for residents. The effect this will have on employers and employees alike is bound to be great, and it is important to understand the impact of the new regulations. Below we will... View Article
House Bill 1506 bans pay disparities based on gender and prohibits assigning or directing an employee into a less favorable career track based on gender and failing to provide information about promotions. The bill would also prohibit employers from requiring employees to keep compensation information confidential or retaliate against an employee for comparing or discussing... View Article
On June 7, Department of Labor Secretary Alexander Acosta announced the withdrawal of the DOL’s prior Administrator Interpretations (“AIs”) clarifying the department’s position on the broad definition of joint employment and independent contractor misclassification. By withdrawing the AI’s, Acosta does not change the legal obligation of employers under the law. Instead, it rescinds the DOL’s prior guidance... View Article