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Feb 24 2026
Harassment & DiscriminationHiringTermination & Resignation

Where Personal Beliefs Meet Legal Liability

A recent federal court decision highlights the risk for an employer when supervisors allow their personal beliefs or judgments to creep into their employment decisions. In the case, a female applicant interviewed for a position but disclosed their transition to a man shortly after being hired. The employee informed human resources about his new name…

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Feb 20 2026
DisabilityHiringQ&A

Q&A: Job descriptions, essential functions, and the ADA

Question: We have a shop technician who sometimes works on welding projects when we have low staffing. Welding is not included in their written job description even though they do it on a routine basis. Do we have to update their job description to reflect the welding duties? Answer: You should. In a recent case,…

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Aug 08 2025
Harassment & DiscriminationHiring

E-Verify employers should proactively check work status

Employers that use E-Verify as part of their Form I-9 process may be surprised to learn that the Department of Homeland Security (DHS) now expects them to regularly log into E-Verify to see whether any employees’ temporary work authorizations have been revoked. On June 20, 2025, DHS issued a notice explaining this new procedure. Parole…

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Jun 23 2025
HiringTermination & Resignation

New requirements in Washington for personnel files coming soon

On May 13th Governor Ferguson signed SHB 1308, which changes how and when employers must provide personnel files to employees, effective July 27, 2025. Below are the key provisions: Employees, former employees (those who separated within three years of the request date), and their designees can ask for personnel records. Personnel records (if created by…

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Jun 09 2025
HiringWage and HourWashington

New Washington bill updates wage disclosure law for job postings

Governor Bob Ferguson has signed SSB 5408, updating the job posting provisions of the Equal Pay and Opportunities Act, effective July 27, 2025. Employers may now include a fixed wage amount when offering only a fixed wage amount for a job opening or internal transfer. This amends the prior requirement to always post a wage…

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May 05 2025
Harassment & DiscriminationHiringWashington

New Washington law prohibits driver’s licenses requirements

Governor Ferguson has signed SSB 5501, a new law that prohibits employers from discrimination based on whether an applicant or employee has a driver’s license. Beginning on July 27, 2025, employers are prohibited from requiring a driver’s license as a condition of employment or including a statement in a job posting that an applicant must…

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Apr 18 2025
HiringImmigrationQ&A

Q&A: What to do when the feds tell your employee to leave

Question: An employee received an email from the federal government telling him to leave the U.S. immediately because his parole (temporary immigration approval for asylum seekers) was terminated. Is this a hoax? If it isn’t, what do we do? Answer: The email isn’t a hoax. The Department of Homeland Security (DHS) sent notices on April…

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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 28 2025
Affirmative ActionHarassment & DiscriminationHiring

President rescinds Executive Order 11246

On January 21, 2025, President Trump rescinded Executive Order 11246 (the race/ethnicity and gender portion of affirmative action compliance for federal contractors). This is a major change for federal contractors, who have been subject to the Executive Order since President Johnson signed it in 1965. Federal contractors have a 90-day grace period during which they…

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Dec 09 2024
Harassment & DiscriminationHiringSafety and Health

Pre-existing conditions do not invalidate a claim

Building on our recent article about the basic elements of claim validation in the Washington workers’ compensation system, let’s explore a subject that can be particularly frustrating for employers: pre-existing conditions. Understanding Pre-Existing Conditions in Workers’ Comp Pre-existing conditions can complicate the assessment of workers’ comp claims by worsening the severity of an injury or…

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Sep 03 2024
Hiring

FTC noncompete rule blocked by federal judge

On August 20, 2024, a federal district court in Texas issued a nationwide order blocking the Federal Trade Commission (FTC)’s noncompete rule, which was scheduled to take effect on September 4, 2024. As we previously reported, the noncompete rule would have invalidated most existing noncompete agreements, except for those with senior executives, and would have…

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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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