Category Archives: Legal Updates

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

MANDATORY ARBITRATION AGREEMENTS FOR NON-UNION EMPLOYEES

Employers are often wondering whether they should consider mandatory arbitration agreements for their non-union employees. Such arbitration agreements provide many advantages to the employer-employee relationship. As the law continues to develop, employers are asking more and more whether arbitration agreements are right for their workplace. What is an arbitration?  Arbitration is a form of dispute resolution where an employment dispute is privately resolved by a neutral third-party arbitrator, or panel of such arbitrators. Non-union arbitration typically occurs under the rules … Continue reading

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Posted in Arbitration, Handbook Policies, Labor, New Legislation, Supreme Court | 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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2019 Employment Law Update – Seminar April 30, 2019

The April 10, 2019 registration deadline for Davis Grimm Payne & Marra’s 2019 Employment Law Update is less than 3 weeks away.  Don’t miss out on your opportunity to learn and ask questions about recent changes to employment laws from Davis Grimm Payne & Marra attorneys: Selena Smith on “Anti-Harassment Training in the #MeToo Era” Josh Brittingham on the “Latest Changes to Paid Sick and Family Leave Laws” Brian Lundgren on “Staying Out of Court: Mandatory Arbitration Agreements” Cost for … Continue reading

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Posted in Firm News, Leave Laws, New Legislation, Paid Leave, Seminar, Sick Leave, Washington Law Against Discrimination, Washington Paid Family and Medical Leave, WLAD | Tagged , , , , | Leave a comment

Washington Paid Family Leave Is Coming in 2019: Employers Need to Start Preparing

Under Washington’s new Paid Family and Medical Leave (PFML) law, eligible employees will be entitled to paid leave up to 12 weeks for their own serious health condition (medical leave) or for family care (family leave), up to 16 weeks combined family and medical leave, and up to 2 additional weeks for certain pregnancy complications. Employers must begin remitting premiums and submitting quarterly reports for PFML starting on January 1, 2019. Starting January 1, 2020, employees may begin taking PFML … Continue reading

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Posted in Firm News, Leave Laws, New Legislation, Paid Leave, Seminar, Washington Paid Family and Medical Leave | Tagged , , , , | Leave a comment

Federal Judge Dismisses EEOC Cased 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

Supreme Court Rules Employee First Amendment Rights Trump Public-Sector Union “Agency Fees”

On June 27, 2018, the United States Supreme Court issued one of the most anticipated decisions of the year, ruling that nonunion workers cannot be forced to pay fees to public-sector unions.  In the Janus v. American Federation of State, County, and Municipal Employees Council (“AFSCME”) case, Illinois state employee Mark Janus challenged the $45 monthly fee he paid to the public-sector AFSCME union.  Janus was not a member of the AFSCME union.  However, public-sector employees who declined to join … Continue reading

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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