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Jul 26 2024
Leave LawsSafety and HealthTermination & Resignation

Ninth Circuit approves video evidence in FMLA certification case

The U.S. Ninth Circuit Court of Appeals recently ruled that it was acceptable for an employer to present non-medical, video evidence from a hired private investigator at trial to demonstrate that an employee didn’t have a serious health condition under the federal Family and Medical Leave Act (FMLA). Employee’s Injury Claim Questioned as Surveillance Contradicts…

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Apr 19 2024
Wage and Hour

WASHINGTON: Burien’s new minimum wage begins January 1, 2025

                The Burien City Council recently passed an ordinance that establishes its own minimum wage. The rate applies to all nonexempt (overtime-eligible) employees physically working in Burien for employers with 21 or more full-time equivalent (FTE) employees in King County. The required minimum wage depends on the size…

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Apr 05 2024
Safety and Health

OSHA expands employee representation rights during inspections

On April 1, 2024, the Occupational Safety and Health Administration (OSHA) published a final rule that “clarifies” (in reality, expands) the rights of employees to authorize a representative to accompany a Compliance Safety and Health Officer during an inspection of their workplace. Federal law gives the employer and employees the right to authorize a representative…

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Mar 21 2024
HiringWashington

Washington Governor signs new law on noncompete agreements

On March 13, 2024, Governor Jay Inslee signed SSB 5935, a new law that modifies and expands the definition of noncompetition covenants (noncompete agreements). We intend to report on any other bills of interest to employers that are signed from the 2024 Washington legislative session in a future newsletter. Beginning June 6, 2024, the definition…

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Nov 16 2023
Harassment & DiscriminationSafety and HealthWage and Hour

Holiday parties: Follow these tips to minimize company liability

Holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their work throughout the year. With the return of these parties, here are some tips and recommendations to enjoy a celebration with coworkers and reduce liability for your organization: Limit alcohol consumption: The use of alcohol at…

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Sep 07 2023
Labor RelationsQ&ATermination & Resignation

Q&A: Do employees have a right to talk with customers about pay

Question: One of our customer service employees recently contacted a customer to enlist support for higher pay for themselves and coworkers. Can we discipline or terminate them for this conduct? Answer: Probably not. You cannot terminate a nonmanagement employee for engaging in a protected “concerted” (group) activity under Section 7 of the National Labor Relations…

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Jun 15 2023
Safety and Health

Prepare for the 2023 wildfire season

Wildfire season is upon us, so you should have a plan to address and protect workers from wildfire smoke exposure. The U.S. Department of Labor (DOL) and Occupational and Safety and Health Administration (OSHA) recently released guidance urging employers to develop wildfire smoke plans to protect outdoor workers from exposure. Protective measures include frequently monitoring…

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Jun 01 2023
Drug and AlcoholQ&A

Q&A: Double-check the types of drugs you’re testing for

Question: My employee was acting in an unusual manner, so we tested them under our drug and alcohol policy. The test came back negative, but we still believe that the employee is under the influence of some type of substance. What should we do? Answer: In general, you should allow your supervisors to document unusual…

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Apr 20 2023
COVID-19Leave LawsSafety and Health

WASHINGTON: End of COVID-19 National Emergency ends HELSA duties

On April 10, 2023, most COVID-19 (coronavirus) obligations for Washington employers were extinguished when President Biden signed legislation (H.J. Res. 7) that immediately terminated the national emergency related to the COVID-19 pandemic. Washington’s Health Emergency Labor Standards Act (HELSA) required employers to (1) report outbreaks to Washington’s Division of Occupational Safety and Health (DOSH); (2)…

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Mar 02 2023
Employee ClassificationsWage and Hour

Evaluate classifications for employees paid a daily rate

In a recent decision from the U.S. Supreme Court, an employee who was paid on a daily rate basis and earned more than $200,000 annually was found to be nonexempt and therefore eligible to recover overtime under the federal Fair Labor Standards Act (FLSA). The employee was a “tool-pusher” on an offshore oil rig and…

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Feb 16 2023
Wage and Hour

DOL releases guidance on rest breaks and meal periods

The U.S. Department of Labor (DOL) recently released a Field Assistance Bulletin No. 2023-1 providing guidance on wage and hour topics related to employees who engage in telework, although the principles apply equally to onsite employees. It explains how you should ensure that workers who telework are paid properly under the Fair Labor Standards Act…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Evaluate administrative exemption from overtime carefully

Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the risk to…

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