Articles: Employment

The Americans with Disabilities Act and Working in the Age of COVID-19

Posted on June 4, 2020 by Shannon L. Trivett

As parts of the country begin to re-open following closures associated with the COVID-19 pandemic, employers will face many issues regarding the best way to bring their employees back to work. Throughout the pandemic, federal agencies, including the U.S. Equal Employment Opportunity Commission, have provided guidance for employers regarding the application of federal laws to Read more >

Overtime Gets an Overhaul

Posted on May 6, 2020 by Shannon L. Trivett

The Washington Department of Labor and Industries announced sweeping changes, effective July 1, 2020, to the rules determining whether an employee in Washington State is entitled to receive overtime compensation. In Washington State, the default rule is that all employees are entitled to overtime compensation. There are exceptions, however, when the employee meets three important Read more >

The Disappearing Non-Competition Clause

Posted on August 2, 2019 by Shannon L. Trivett

There are big changes on the horizon for non-competition agreements in Washington State. On May 8, 2019, Governor Inslee signed House Bill (“HB”) 1450 a new statewide law restricting the use of non-competition agreements in employment contracts. Non-competition agreements are often used as a means of restricting a former employee’s ability to work for a Read more >

The Americans with Disabilities Act and the Interactive Process

Posted on January 7, 2019 by Shannon L. Trivett

Under the Americans with Disabilities Act (“ADA”), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would pose an undue hardship for the employer. Such accommodations could include making existing facilities more accessible, restructuring a position, offering a modified work schedule, or even reassigning the employee to a vacant position. Read more >

Don’t Let Your Former Employer “Blacklist” You

Posted on May 31, 2018 by Shannon L. Trivett

The Washington Law Against Discrimination makes it unlawful for an employer to “discharge, expel, or otherwise discriminate” against a job applicant or employee on the basis of that person’s protected characteristic such as race, age, or sex. Likewise, the WLAD also makes it unlawful for an employer to do the same because he or she Read more >

Complexity for Employers in New Washington State Sick Leave Law

Posted on February 15, 2018 by Andrew Goodrich

Beginning on January 1, 2018, all employers in the State of Washington are required to provide paid sick leave to certain employees. This new law implements Initiative 1433, passed by Washington voters in 2016. While employers may be compliant in theory, the new law and regulations include a number of requirements and obligations that employers Read more >

Complying with the New Statewide Paid Sick Leave Requirements Imposed by Initiative 1433

Posted on May 25, 2017 by Lasher Holzapfel Sperry & Ebberson

In November 2016, Washington voters approved statewide paid sick leave requirements as part of Initiative 1433. Beginning on January 1, 2018, employers throughout the state will be required to provide their employees with paid sick leave, so now is the perfect time for your business to start its compliance planning. While the Department of Labor Read more >

More Than a Name: The Legal Reality of Hiring Independent Contractors

Posted on March 24, 2017 by Lasher Holzapfel Sperry & Ebberson

The Huffington Post recently ran the headline “Why We’re All Becoming Independent Contractors.”{}. The article recounts that GM and Uber are valued at $60 billion and $40 billion respectively, but that GM has over 200,000 employees while Uber has a paltry 850 employees. Uber has a simple, but concerning, explanation for this discrepancy – Uber’s Read more >

Changes in FLSA Regulations Will Impact Washington Employers

Posted on January 6, 2017 by Lasher Holzapfel Sperry & Ebberson

The Fair Labor Standards Act, commonly referred to as the FLSA, is a federal statute that establishes baseline obligations of employers with respect to minimum wages, overtime pay, record keeping and youth employment, in the United States. Most states and local governments, including Washington and Seattle, have created their own laws that supplement and overlap Read more >