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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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Mar 06 2026
Harassment & Discrimination

Executive orders eliminating DEI programs remain in effect

The U.S. Fourth Circuit Court of Appeals has upheld President Trump’s executive orders aiming to eliminate employers’ diversity, equity, and inclusion (DEI) programs to the extent they discriminate based on protected status. Our previous reports on this topic here, here, and here, have followed the process as it moved through the courts. In practice, this most…

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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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Feb 13 2026
Safety and HealthWashingtonWorkers’ Comp

L&I rates are up—but your future costs don’t have to be

L&I’s 4.9% rate increase for 2026 highlights what employers already know: some workers’ comp costs are out of your hands. But the idea that “workers’ comp is just a tax you can’t avoid” is a myth. You actually have several high-impact tools within your control—tools that can directly reduce your premiums. Here are five controllable…

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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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Feb 06 2026
DisabilityDrug and Alcohol

Q&A: Ensure ADA compliance with preemployment drug testing

Question: We have an applicant who failed a preemployment drug test. They claimed it was because of a prescription, but we have a zero-tolerance policy. Do we have to make an exception for them? Answer: Not an exception to your policy, but your drug testing procedures should be utilizing a medical review officer (MRO) to…

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Jan 28 2026
Labor Relations

Q&A: Does a union have a right to bargain over adding another paid holiday

Question: Our business has been doing very well lately, and employees are doing a great job. As a reward, we want to give them an additional paid holiday for this year. Most of our employees are represented by a union, and this holiday is not included in the collective bargaining agreement (CBA). Is it okay…

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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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Jan 26 2026
Wage and HourWashington

WASHINGTON Q&A: Rising cost of missed meals and rest periods

Question: We keep hearing about lawsuits against companies for not complying with Washington’s meal and rest period requirements. What’s really the financial risk and what can we do about it? Answer: The financial risk is substantial. Class action lawsuits have become prevalent in Washington, claiming nonexempt (hourly) employees are owed penalties and damages for missed…

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Jan 05 2026
Q&ASafety and Health

Q&A: OSHA Injury Recordkeeping-What To Record and When

Question: We’re going back through our records to compile our recordable injuries for our year-end OSHA 300 Log. It’s hard to find everything and we’re never quite sure what to include. Help! Answer: An OSHA recordable incident is a work-related injury or illness that results in death, days away from work, restricted work or transfer…

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Jan 05 2026
Employee BenefitsLeave LawsWashington

In Washington Health benefits may need to start during paid leave

As of January 1, 2026, several important changes to Washington Paid Family and Medical Leave (WPFML) have taken effect (as we previously reported), including expanded health benefit coverage, which will affect employees whose leave crosses over from the end of 2025 into the beginning of 2026. Currently, health benefits continue if there’s at least one…

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