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Oct 21 2026
Leave LawsQ&AWage and Hour

Q&A: Clarify which state is an employee’s “work” state

Question: We have some hybrid employees who regularly work in two states. They work some days from their home office in one state, and some days in our office in another state. Do we have to keep track of the time they’ve spent working in each state? Answer: Not necessarily, but you do need to…

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Oct 21 2026
Washington

Washington noncompete salary threshold rises & sunsets in 2027

The Washington Department of Labor and Industries (L&I) announced the final increase to the minimum salary thresholds for noncompete agreements, effective January 1, 2027, prior to the new ban on noncompete agreements taking effect on June 30, 2027. Until the ban takes effect, Washington law only allows noncompete agreements with individuals who earn at least…

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Oct 16 2026
Employee ClassificationsWage and HourWashington

Washington minimum wage and exempt salary will rise in 2027

The state of Washington has announced increases to the minimum wage rate and to the salary thresholds for exempt white-collar employees, effective January 1, 2027. We also know the 2027 rates for the cities of Bellingham, Renton, SeaTac, Seattle, and unincorporated King County, which are described below. We’re still waiting for updates from the cities…

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Oct 16 2026
Privacy & ConfidentialityQ&AWage and Hour

Q&A: Handle Washington personnel file requests carefully

Question: We’ve been seeing an uptick in personnel file requests from attorneys and employees. The attorney requests keep coming from the same firms, and the employee requests are worded in language that doesn’t sound like their own. Should we be doing anything special when we respond to these requests? Answer: Yes, respond with care and…

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Oct 07 2026
Harassment & DiscriminationLabor RelationsSafety and Health

NLRB orders ALJ to assess limits on abusive employee conduct

In a long-running dispute over the termination of an allegedly belligerent union steward, the National Labor Relations Board recently ordered an administrative law judge (ALJ) to apply an employer-friendly legal standard that was in effect the first time the case was appealed to the Fifth Circuit Court of Appeals. Under that standard (which we previously…

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Oct 05 2026
WashingtonWorkers’ Comp

Rejected Light-Duty Offer: Will L&I Continue Time-Loss Benefits?

After a workplace injury an employee rejected your light-duty offer. Now What? When an injured employee is medically able to return to work, a well-structured light-duty offer can benefit everyone. It can support recovery, keep the employee connected to the workplace, and reduce the cost of a claim. But what happens when the employee rejects…

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Oct 05 2026
Q&ATermination & ResignationWashington

Q&A: FCA may apply to motor vehicle reports in Washington

Question: We’re required by our insurer to run a motor vehicle report (MVR) for all employees who drive company vehicles. Does running MVRs trigger Washington’s Fair Chance Act (FCA) compliance, and what kind of release or consent should we obtain prior to running the MVR? Answer: Yes, running an MVR can trigger the FCA requirements….

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Sep 18 2026
DisabilityLabor RelationsWage and Hour

DOL addresses pay for nonprofit employees who volunteer

The U.S. Department of Labor (DOL) has issued an opinion letter addressing whether exempt employees of a nonprofit organization can volunteer outside of their normal work hours without being owed compensation for the time spent on the volunteer activities under the Fair Labor Standards Act (FLSA). The organization that posed the question is engaged in…

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Sep 18 2026
Employee BenefitsHarassment & DiscriminationLeave Laws

DOL confirms broad scope of USERRA anti-retaliation protections

The U.S. Department of Labor (DOL) recently issued an opinion letter confirming broad anti-retaliation protections under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The letter interpreted federal legislation enacted on January 2, 2025, which expanded USERRA’s protections to encompass “other retaliatory action” (Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act,…

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Sep 08 2026
DisabilityHarassment & DiscriminationHiring

Religious accommodation requires concrete proposal by employer

The U.S. Ninth Circuit Court of Appeals recently ruled that when an employee cannot comply with a work requirement for religious reasons, Title VII of the Civil Rights Act requires the employer to propose a specific accommodation (or be prepared to prove undue hardship), because merely offering a process to explore ideas isn’t good enough….

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Aug 27 2026
Labor RelationsTermination & Resignation

NLRB allows employer to ban BLM messaging on clothing

The National Labor Relations Board recently ruled that Whole Foods didn’t violate federal law by prohibiting its employees from wearing Black Lives Matter (BLM) messaging on their work uniforms or face masks. The case arose in mid-2020 when workers at several stores began wearing BLM-themed masks, shirts, and other clothing to show solidarity with social…

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Aug 24 2026
Q&A

Q&A: Is proof of sending a policy or agreement good enough?

Question: We normally notify employees by email of policies and agreements that apply to them, which they can access by opening an attachment or clicking a hyperlink. How important is it for us to be able to prove an employee reviewed and agreed to these documents? Can we just keep a record of what we…

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