Insight, Analysis, and Perspective for Businesses and Individuals

To avoid ERISA’s strict limitations in the types of relief available and other procedural hurdles, many dissatisfied employees and other plan participants attempt to obtain employee benefits by filing state law claims.  For example, instead of making a claim for benefits under ERISA, dissatisfied employees often assert claims for intentional or negligent misrepresentation, negligence in […]

In March, the Washington Legislature passed HB 1155, a bill banning noncompetition agreements in Washington effective June 30, 2027.  Washington will join California, Minnesota, North Dakota, Oklahoma, Wyoming, and a few other states that prohibit or significantly restrict noncompetition covenants. The bill bans noncompetition agreements for all employees and narrows the scope of nonsolicitation agreements. […]

The enforceability of noncompetition agreements is a widely debated topic in and outside of the legal world. In just the last year, it has been a repeat topic on the floor of the Washington state legislature. States across the county are seeing a trend toward the unenforceability of overly restrictive restraints on employees’ trade. Currently, […]

Minimum Wage Beginning on January 1, 2025, the minimum wage in Washington will go up to $16.66 per hour, up 2.35% from 2024.  In addition to the statewide minimum, various cities and counties have a dizzying array of higher minimum wages based on differing standards. City or County 2025 Minimum Wage Notes Seattle $20.76 SeaTac […]

As of June 2024, the legal parameters of Washington noncompetition agreements were refined by the passing of Substitute Senate Bill 5935. The bill, which passed by the Legislature in February and was signed into law by Governor Jay Inslee in March, took effect on June 6, 2024. Amending five provisions of RCW 49.62, the new […]

With summer just around the corner, it is time for employers with outdoor employees to make sure they are complaint with Washington’s new wildfire smoke regulations.  This winter, Washington Labor and Industries promulgated new permanent regulations requiring employers to take a number of steps to protect workers from the hazards of wildfire smoke. The new […]

Paid sick and other leave benefits are changing in 2024. Construction workers, other than workers solely working in residential building construction, who do not reach the minimum 90 days of employment with a particular employer to be eligible to use paid sick leave will now be paid their accrued, but unused sick leave benefits following […]

Beginning January 1, 2023, many Washington employers will be required to disclose the salary range and benefits in their job postings.  Today, Governor Jay Inslee signed Engrossed Substitute Senate Bill 5761, amending the Washington Equal Pay and Opportunity Act to require all employers with 15 or more employees to disclose the wage scale or salary […]

UPDATE: On January 27, Governor Jay Inslee signed two bills passed by the Legislature making key changes to WA Cares Fund. These reforms address coverage gaps and delay program implementation by 18 months. Significant changes include: Employees near retirement (born before 1968) will now be able to qualify for partial benefits on a pro-rated basis. […]

(This blog is the third installment in a multi-part series regarding privacy in the workplace.) Employee dress codes and policies can be an important way to ensure that employees properly represent the company’s image and do not offend customers or the general public. Dress codes may also promote safety in the workplace (for example, no […]

(This blog is the second installment in a multi-part series regarding privacy in the workplace.) Employers have a general right to protect their property and employees. In addition to surveillance and monitoring, some employers choose to conduct searches of areas and equipment used by employees. This can include searches of offices, lockers, desks, phones, computers, […]

(This blog is the first installment in a multi-part series regarding privacy in the workplace.) Employers often seek to monitor or surveil their employees in the workplace. Though workplace monitoring, searches, and surveillance can be a valuable tool for any employer, doing so is not without risk. Employers should make sure their workplace search, monitoring, […]