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Apr 06 2026
Employee BenefitsLabor RelationsWage and Hour

More Washington bills signed from 2026 legislative session

More bills from the 2026 Washington legislative session have been signed into law by Governor Bob Ferguson. We previously reported on several bills from this session; here are four additional laws of interest to employers: SSHB 2105 Immigrant Worker Protection Act: Within 5 business days of receiving a notice of an I-9 inspection, employers must post and…

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Jan 27 2026
Leave Laws

FMLA covers travel time for medical appointments

The federal Family and Medical Leave Act (FMLA) can be used by an employee to cover time necessary to travel to and from medical appointments, according to a recent opinion letter published by the U.S. Department of Labor (DOL). Eligible employees can use FMLA leave to travel to appointments to diagnose, monitor, address, or treat…

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Sep 11 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Know how to deal with ghosting by employees

Question: We keep running into situations where employees stop showing up and communicating with us. Sometimes we don’t hear anything, sometimes they stop communicating while on approved leave, and sometimes we know they’re missing work due to a medical issue but they’re not calling in. How should we address these scenarios? Answer: Ghosting by employees…

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May 19 2025
Employee BenefitsLeave LawsTermination & Resignation

Washington state-level WARN Act adds major compliance hurdles

On May 13, 2025, Governor Ferguson signed ESSB 5525, creating significant obligations for Washington employers conducting specific mass layoffs and business closings. Since 1989, the federal Worker Adjustment and Retraining Notification Act (WARN Act) has required employers with 100 or more full-time employees to provide advance notice when they’re conducting mass layoffs or plant closings,…

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Mar 21 2025
Employee ClassificationsWage and Hour

Q&A: Be prepared for lawsuit solicitation letters

Question: A few of our current and former employees received letters from a law firm suggesting they might be able to file a class action lawsuit against us because of allegations that we didn’t properly track work hours or comply with rest and meal period requirements. Can they do that? How should we respond? Answer:…

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Mar 07 2025
HiringTermination & Resignation

Q&A: Take action to minimize liability for I-9 audits

Question: We’re concerned about the potential for increased enforcement if the government uncovers errors in our I-9s; is there anything we can do to reduce the likelihood of penalties if we’re audited? Answer: Yes, you can take proactive actions now to help make an audit by U.S. Immigration and Customs Enforcement (ICE) as painless as…

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Jan 24 2025
Uncategorized

DOL and DHS issue new guidance on H-2A farmworkers

The U.S. Department of Labor (DOL) has updated its guidance for H-2A visa applications in light of current legal challenges to the Farmworker Protection Rule (FPR), while the U.S. Department of Homeland Security (DHS) has adopted a new final rule that gives H-2A workers more flexibility and places greater burdens on H-2A employers. As we…

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Dec 20 2024
Q&ATermination & ResignationWage and Hour

Q&A: Know how to handle final paycheck for absent employee

Question: An employee stopped showing up for work, so we fired them for job abandonment. How do we get their final paycheck to them, and what are the time frames for doing so? Answer: The answer depends on state law, and even then it may not be clear-cut, which means you’ll need to weigh what’s…

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Sep 20 2024
ArizonaCaliforniaOregon

H-2A worker protections back for some

On September 10, 2024, the U.S. Department of Labor (DOL) announced it was moving forward with its far-reaching H-2A worker protection rule (also known as the Farmworker Protection Rule) in every state where it isn’t blocked, including Arizona, California, Oregon, and Washington. As we previously reported, a federal court blocked the Farmworker Protection Rule in 17…

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Sep 16 2024
Uncategorized

H-2A worker protections blocked

On August 26, 2024, a federal district court blocked the U.S. Department of Labor (DOL)’s far-reaching H-2A worker protection rule (also known as the Farmworker Protection Rule) from going into effect in 17 states, including Idaho and Montana, and the DOL has delayed implementation across the nation. As we previously reported, the DOL’s Farmworker Protection…

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Jun 07 2024
Safety and HealthTermination & ResignationWage and Hour

Washington warehouse quota rules released

Washington’s Department of Labor and Industries (L&I) adopted two sets of rules (WAC 296-35 and WAC 296-136) to enforce the new warehouse employee quota statute (RCW 49.84), all of which go into effect July 1, 2024. One set of rules addresses safety standards and the other addresses labor standards. Our reporting on the new law…

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Mar 08 2024
Labor Relations

Don’t unilaterally stop dues checkoff when CBA expires

Employers can no longer unilaterally stop collecting union dues when a collective bargaining agreement (CBA) expires, ruled the U.S. Ninth Circuit of Appeals. Under the National Labor Relations Act (NLRA), a union-represented employee can agree to allow their employer to deduct and remit union dues. In a case involving hospital employees, the CBA between the…

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