Littler Mendelson, P.C. • December 15, 2019
On December 11, 2019, the Washington Department of Labor & Industries announced its final rule amending Washington State’s white collar overtime exemption regulations. If not overridden by the Legislature or successfully challenged in court, the rule will radically increase the pay rates necessary to qualify for the white collar exemptions in Washington State.
Fisher Phillips • December 01, 2019
Seattle just joined New York City as one of the few locations in the country to pass minimum wage legislation for ride-share drivers, the city’s latest attempt to regulate the gig economy. Under the “Fair Share” program pushed by Mayor Jenny Durkan and unanimously approved by the City Council on November 25, a new tax of 51 cents per ride will be levied to fund affordable housing programs and other civic projects, as well as help pay for the $16 per hour minimum wage and various other workplace protections.
Jackson Lewis P.C. • November 13, 2019
The Washington State Supreme Court ruled recently that state employees’ birthdates associated with their names are not exempt from disclosure pursuant to a freedom of information records request. In so holding, the Court strictly construed the applicable statute that did not expressly exempt birthdates from disclosure. Wash. Pub. Emps. Assn. v. State Ctr for Childhood Deafness & Hearing Loss. Private and public entities across the country that respond to countless requests for information may want to rethink their approach.
Ogletree Deakins • November 04, 2019
Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?” On September 5, 2019, the court answered with a resounding no.
FordHarrison LLP • October 20, 2019
Executive Summary: On October 11, 2019, a federal judge for the U.S. District Court for the Western District of Washington ruled that Washington state’s paid sick leave law does not violate the Constitution or federal preemption law, thereby guaranteeing sick leave benefits for airline flight crew employees based in Washington.
Ogletree Deakins • September 17, 2019
As of July 28, 2019, Washington employers with 15 or more employees are required to provide reasonable break time for employees to express breast milk. (See House Bill 1930 and Revised Code of Washington 43.10.005.) Break time must be provided each time the employee needs to express breast milk, and must be provided for up to two years after the child’s birth. If the employer has space in its business or worksite, it must also provide a private location, other than a bathroom, for the employee to express milk; if no private space is available, the employer must work with the employee to find a convenient location and work schedule to accommodate her needs.
Jackson Lewis P.C. • September 09, 2019
On September 5, 2019, the Washington Supreme Court confirmed that non-agricultural employers may use a workweek averaging methodology to satisfy the Washington Minimum Wage Act in Valerie Sampson et al v. Knight Transportation Inc. et al. In other words, non-agricultural employers can satisfy their state minimum wage obligations by showing that an employee’s total wages for a workweek, when divided by the total hours worked during that week, results in a figure that is equal to or greater than the state minimum wage.
Fisher Phillips • August 14, 2019
As predicted, Washington’s legislature has been busy over the past few months passing new laws that directly impact how employers conduct business. There have also been several key court decisions impacting workplace law of which all employers should be aware. What happened? We’ve put together summaries of the more significant recent developments for you below.
Ogletree Deakins • August 07, 2019
Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement.
Jackson Lewis P.C. • August 04, 2019
The state of Washington has weighed in on the debate as to whether obesity is a disability under disability discrimination laws. In Taylor v. Burlington Northern Railroad Holdings Inc., a case that wound its way through the courts for nine years, the United States Court of Appeals for the Ninth Circuit certified this question to the Washington Supreme Court: “Under what circumstances, if any, does obesity qualify as an ‘impairment’ under the [WLAD]?” The Washington Supreme Court responded by holding that obesity is always an impairment under the Washington Law Against Discrimination (WLAD) because it is a “’physiological disorder, or condition’ that affects multiple body systems listed in the statute.” Therefore, an employer who takes employment action against an individual because the employer perceives the individual to be obese, may run afoul of the WLAD.