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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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May 19 2025
Q&AWashingtonWorkers’ Comp

Q&A: Can compensable claims occur before or after work

Question: Our employee fell in the parking lot on their way to work, prior to clocking in for their shift. Would the injury be considered a compensable workers’ comp claim if the worker had not yet started their shift? Answer: Probably not, but small details could change the answer. To be a compensable workers’ comp claim, the…

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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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May 05 2025
ImmigrationLeave LawsWashington

Washington paid leave now available for immigration proceedings

Governor Ferguson has signed SHB 1875, revising the Washington Paid Sick Leave law (WPSL) to allow employees to use paid sick leave for absences related to immigration proceedings. The revised law takes effect on July 27, 2025. The new law allows employees to use paid sick leave to prepare for or participate in any judicial…

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May 02 2025
Washington

Washington legislature significantly expands Fair Chance Act

Governor Ferguson has signed HB 1747, which amends Washington’s Fair Chance Act and further restricts employers’ use of criminal records in making employment decisions. As we reported in 2018, Washington’s “Fair Chance Act” prohibits most employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. The new…

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May 02 2025
Harassment & Discrimination

Executive Order limits enforcement of anti-discrimination protections

On April 23, 2025, President Trump issued an Executive Order entitled, “Restoring Equality of Opportunity and Meritocracy,” which dramatically scales back enforcement of the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”). Title VII applies to private and public sector employers with 15 or more employees and prohibits discrimination…

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Apr 21 2025
Safety and HealthWashington

Washington L&I makes wildfire smoke AQI levels official

As promised, Washington’s Division of Occupational Safety and Health (DOSH) updated its rules for protecting employees from wildfire smoke, incorporating changes the federal Environmental Protection Agency (EPA) made to its color-coded Air Quality Index (AQI) in May 2024. As we previously reported, when the EPA published its changes, DOSH immediately issued a directive authorizing employers…

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Apr 18 2025
DisabilityQ&ATermination & Resignation

Q&A: Use caution before requiring mental fitness-for-duty exam

Question: One of our employees has been getting into heated arguments with coworkers. We think he might be having mental health issues. Can we require a fitness-for-duty exam? Answer: Not necessarily. You need to get more facts. If the employee is just being argumentative and yelling at coworkers without justification, the appropriate response is probably…

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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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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
Affirmative ActionHarassment & Discrimination

Fourth Circuit allows anti-DEI orders to proceed

On March 14, 2025, the U.S. Fourth Circuit Court of Appeals removed the temporary hold which we previously reported that a federal district court had placed on the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending…

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