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Aug 07 2026
Wage and Hour

DOL addresses commuting pay after work from home

The U.S. Department of Labor (DOL) has issued two opinion letters addressing whether employees who perform work at home are entitled to pay for mid-day travel to their office or to a client location. Based on the facts cited in the first letter, the DOL determined that no pay was due under the federal Fair…

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Jul 24 2026
Wage and Hour

Q&A: Covered employer for WARN Act not so simple

Question: We employ 110 employees, all at a single facility, and unfortunately need to cut 55 jobs. I understand the federal WARN Act applies to employers with 100 or more employees, but new hires and part-time workers don’t count toward that total. How are those defined? Answer: Your basic understanding is correct, but there are…

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Jul 24 2026
Safety and HealthWage and HourWashington

Q&A: Use caution in Washington Minimum Wage Act reside/sleep exception

Question: We have employees who are required to live or sleep where they work because of how remote the jobs are. Historically, we haven’t tracked hours, paid overtime, or monitored rest and meal periods because we thought there was an exception for employees who live or sleep where they work. Is that okay? Answer: Maybe….

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Jul 02 2026
Wage and HourWashington

In Seattle Washington, pay for business use of personal phones

A federal district court in Washington recently ruled that employees who work in Seattle can sue under the Seattle Wage Theft Ordinance if their employer fails to reimburse them for reasonably necessary business use of their personal cell phones. An employee in Seattle filed a lawsuit alleging that he and other employees used their personal…

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Jun 29 2026
Employee ClassificationsWage and Hour

DOL releases guidance for exempt status, bonuses, and meals

The U.S. Department of Labor (DOL) recently published opinion letters addressing: (1) whether salaried exempt employees could lose their overtime exemption by performing some nonexempt work at an hourly rate; (2) how to calculate overtime when using a quarterly bonus pool; and (3) whether time spent voluntarily traveling from a work station to leave the…

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May 26 2026
Privacy & ConfidentialityWage and Hour

Q&A: Keep legal advice separate and confidential

Question: When dealing with sticky employment issues I like to keep a running log of conversations and steps taken. This log includes calls to our attorney and a summary of the advice they gave, as well as conversations with managers, witnesses, employees, etc. The purpose of this ongoing log is to make sure that I…

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May 08 2026
Wage and HourWashington

Washington L&I updates wage disclosure and driver’s license rules

The Washington Department of Labor & Industries (L&I) updated the Equal Pay and Opportunities Act (EPOA) rules on employer wage disclosures and driver’s license requirements, effective May 22, 2026. For the most part, the new rules mirror the 2025 statutory changes (reported on here and here), but there are some notable clarifications. For wage or…

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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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Apr 02 2026
Employee ClassificationsWage and Hour

Q&A: Managers have to mostly manage, or lose overtime exemption

Question: A store manager who recently quit is now demanding a huge amount of overtime pay, claiming that they spent most of their time doing nonmanagement tasks. We classify all of our store managers as exempt from overtime. What is our exposure? Answer: The answer will depend heavily on all of your store managers’ normal…

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Mar 20 2026
Leave LawsWage and HourWashington

Washington Governor signs 2026 employment legislation

Washington’s 2026 legislative session ended on March 12, 2026, with Governor Bob Ferguson signing multiple employment-related bills into law. ESB 6106 Washington WARN Act notice content: Modifies the notice requirements of the Washington mini-WARN Act to protect employee names from disclosure to coworkers. The names of affected coworkers are no longer required to be included…

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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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Feb 06 2026
Harassment & DiscriminationWage and Hour

Q&A: Beware of discrimination in applying compensation plans

Question: One of our commission-based employees returned from a two-month leave of absence due to pregnancy. She says she was denied wages owed under her commission plan, but she wasn’t actively working to earn the commissions. Do we have to pay her? Answer: It depends on what the commission plan says and whether the company…

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