Author Archives: admin

New Washington Law Restricts Non-Competition Agreements

In May 2019, Governor Jay Inslee signed a new bill into law, restricting non-competition agreements in Washington.  The law makes non-competition agreements for employees earning less than $100,000 per year unenforceable.  For employees earning over $100,000 annually, it creates the presumption that such an agreement for a period longer than 18 months is unreasonable and unenforceable.  The law also makes non-competition agreements for independent contractors earning less than $250,000 annually unenforceable.  These salary thresholds will be adjusted annually due to … Continue reading

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Posted in Arbitration, Legal Updates, New Legislation, Noncompete Agreement | Tagged , , , | Leave a comment

National Labor Relations Board Rejects Attempt to Expand Weingarten Rights

The National Labor Relations Board (“NLRB”) issued a decision this year that serves as a reminder to employers about their responsibilities when an employee requests union representation during an investigatory interview (referred to as “Weingarten rights”).  See YRC Inc., d/b/a YRC Freight, 360 NLRB No. 90 (April 30, 2014).  In YRC Freight, the NLRB reiterated that an employer does not violate an employee’s Weingarten rights or rights under the National Labor Relations Act (the “Act”) when it discontinues an interview … Continue reading

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Federal Judge Dismisses EEOC Case Based on Lack of Details in Complaint

Recently, a federal judge in the District of Columbia dismissed an Equal Employment Opportunity Commission (“EEOC”) lawsuit against Walmart on procedural grounds relating to the level of detail required in a complaint.  This case serves as a reminder of the the necessary elements for a reasonable accommodation claim.  In this case, two employees with hearing limitations alleged that the managers at the Walmart store where they worked failed to accommodate their disability.  The two employees had sought sign language interpretation … Continue reading

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The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities

In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer.  According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”

This month, the Seattle Office of Labor Standards announced its final revisions to the administrative rules for Seattle’s Paid Sick and Safe Time (“PSST”) ordinance.  The rules become effective July 1, 2018.  Seattle’s Paid Sick and Safe Time Ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue, among other reasons.  The final administrative rules … Continue reading

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Posted in Leave Laws, Legal Updates, New Legislation, Paid Leave, Safe Time, Seattle, Secure Scheduling, Sick Leave | Tagged , , , | Leave a comment

New Law Limits Discovery in Washington Law Against Discrimination Suits

On March 15, 2018, Washington governor Jay Inslee signed Senate Bill 6027 into law.  This law impacts discovery in cases brought under the Washington Law Against Discrimination (“WLAD”).  The law becomes effective on June 7, 2018.  This law states that a plaintiff who seeks non-economic damages (such as emotional distress) under WLAD does not thereby waive the privileged status of his or her medical records.  A plaintiff will be deemed to have waived the privilege of his or her medical records … Continue reading

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Posted in Discovery, Medical Records, New Legislation, Washington Law Against Discrimination, WLAD | Tagged , , , , | Leave a comment

Employer Tax Credit Available for Paid FMLA leave

The tax plan that was signed into law at the end of 2017 creates a new tax credit for employers.  The credit appears in Section 13403 of the Act, and applies to employers who pay employee leave under the Family and Medical Leave Act (“FMLA”).  The credit begins in 2018 and as of now, is set to expire at the end of 2019.  Although possibly short-lived, employers may want to claim the benefit while they can. Employers may obtain a … Continue reading

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Posted in FMLA, Leave Laws, Paid Leave | Tagged , , , , | Leave a comment

Training for Human Resource Specialists and Managers

Selena Smith of Davis Grimm Payne & Marra is pleased to present a seminar on behalf of the Association of Washington Business.  The seminar focuses on how workplace policies can limit employer liability.  The presentation is scheduled for: Wednesday, March 18, 2015 at 10:00-11:30 a.m., Columbia Center, 701 Fifth Avenue, 40th Floor Conference Room, Seattle, WA Workplace policies are an important tool for any manager or human resources professional overseeing employee performance, incentive, and discipline.  Effective company policies can help … Continue reading

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