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Sep 19 2025
Wage and HourWashington

Any applicant in Washington can sue for noncompliant job posting

The Washington Supreme Court recently ruled that job applicants aren’t required to prove that they had a genuine interest in a job in order to collect damages for noncompliant job postings under Washington’s Equal Pay and Opportunities Act (“EPOA”). Two applicants brought a class action lawsuit alleging that they applied for jobs at a retail…

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Jun 30 2025
Harassment & DiscriminationWage and HourWashington

Washington equal pay and opportunity regulations released

To help explain and clarify changes to the state’s Equal Pay and Opportunities Act (EPOA) that take effect on July 1, 2025, the Washington Department of Labor & Industries (L&I) has released new rules that take effect on the same day. The EPOA has undergone multiple revisions in recent years, including expanded worker protections (beyond…

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Jun 10 2025
Employee ClassificationsWage and Hour

DOL questions 2024 independent contractor vs. employee rule

The U.S. Department of Labor (DOL) has issued a field assistance bulletin instructing the Wage and Hour Division’s staff to stop applying a rule issued last year describing how to determine whether a worker is an independent contractor or an employee under the federal Fair Labor Standards Act (FLSA). The 2024 rule (which we reported…

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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 20 2025
Harassment & DiscriminationSafety and HealthWage and Hour

Washington Governor signs 2025 legislation

The 2025 legislative session ended on April 27, 2025, with Washington Governor Bob Ferguson signing multiple employment-related bills into law. We separately reported on three of those bills in our last newsletter (expansion of the Fair Chance Act, paid leave for immigration proceedings, and prohibition of driver’s license requirements); today’s newsletter includes individual articles on…

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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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Apr 07 2025
Wage and Hour

President rescinds higher federal contractor minimum wage

On March 14, 2025, President Trump rescinded a Biden-era executive order that had required certain federal construction and service contractors to pay an elevated minimum wage that increased annually, most recently set at $17.75 per hour in 2025. President Trump’s Executive Order 14236, Additional Rescissions of Harmful Executive Orders and Actions, rescinded a long list…

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Apr 04 2025
Wage and Hour

Q&A: Be careful with automatic lunch deductions

Question: We automatically deduct 30 minutes for meal breaks from our employees’ time records and a new payroll person is questioning this practice. Should we be concerned? Answer: You should think twice about any company practice that runs on autopilot, especially when it involves employee wages. Employers typically establish automatic meal break deductions to save…

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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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Feb 10 2025
Wage and HourWashington

WASHINGTON: Low-wage workers could moonlight for competitor

The Washington Supreme Court recently ruled that employees’ duty of loyalty and any exceptions to worker mobility should be narrowly construed, so employers cannot restrict low wage workers from working a second job (even for a competitor) unless those restrictions are reasonable in light of the facts. As we previously reported, Washington employers’ ability to…

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Jan 10 2025
Wage and Hour

DOL returns to old definition of tipped workers

On December 17, 2024, the U.S. Department of Labor (DOL) rescinded its regulations that attempted to limit the percentage of work time and consecutive minutes tipped employees could spend on non-tip-producing work for purposes of tip credits under the federal Fair Labor Standards Act (FLSA). The DOL’s action was in response to a decision by…

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Dec 20 2024
Safety and HealthTermination & ResignationWage and Hour

Employee complaint to customer is protected confirms Fifth Circuit

The U.S. Fifth Circuit Court of Appeals recently confirmed that an employee’s complaints to an important customer about wages and working conditions for herself and her coworkers were protected under the National Labor Relations Act (NLRA). After she was fired, the National Labor Relations Board ruled that her comments to the customer both on LinkedIn…

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