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May 08 2026
Harassment & DiscriminationHiring

Q&A: Use caution when creating a new position for a specific employee

Question: We want to create a new senior accounting position for an employee who has demonstrated skills and abilities beyond their current role. Normally, we post open positions internally before taking applications from external candidates. Can we skip the application process altogether if we already know who we want for the job? Answer: Yes, but…

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May 08 2026
Wage and HourWashington

Washington L&I updates wage disclosure and driver’s license rules

The Washington Department of Labor & Industries (L&I) updated the Equal Pay and Opportunities Act (EPOA) rules on employer wage disclosures and driver’s license requirements, effective May 22, 2026. For the most part, the new rules mirror the 2025 statutory changes (reported on here and here), but there are some notable clarifications. For wage or…

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Apr 28 2026
Safety and Health

OSHA to treat COVID-19 like flu for recording and reporting

On March 31, 2026, the Occupational Safety and Health Administration (OSHA) announced it will not cite employers for failing to record COVID-19 cases or report COVID-19 fatalities and hospitalizations. OSHA’s existing recording and reporting requirements for workplace injuries sometimes implicated COVID-19, but with this new enforcement guidance employers will be able to avoid those requirements…

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Apr 22 2026
Vigilant NewsWashingtonWorkers’ Comp

We’re Hiring – Workers’ Compensation Claims Manager

We are seeking an experienced, full-time Washington Workers’ Compensation Claims Manager to join our team. This role is responsible for providing strategic advice and counsel in the management of claims for employers enrolled in our Washington Workers’ Compensation programs. If you enjoy this work, you know it can look very different depending on where you…

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Apr 21 2026
CaliforniaOregonSafety and Health

Now Is The Time To Train Employees On Heat Illness

Spring is the time for annual heat illness prevention training, before the weather really heats up. California, Oregon, and Washington require training before employees will reasonably be expected to perform work that could expose them to heat illness. Annual retraining is only required in Oregon and Washington, but we recommend it in all locations where…

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Apr 20 2026
Employee ClassificationsWashington

Know how to respond to an L&I risk classification audit

We’re aware of several Washington employers who have recently received audit notices from the Washington State Department of Labor & Industries (L&I) to review their risk classifications. Let’s run through what this means, what you should do if you are audited, and how to stay prepared in case you’re next on the list. Why is…

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Apr 15 2026
Washington

Washington Governor signs new law to ban noncompete agreements

On March 23, 2026, Governor Bob Ferguson signed SHB 1155, a new law that bans noncompetition covenants (agreements) and clarifies nonsolicitation agreements in Washington. Beginning on June 30, 2027, all noncompete agreements are considered void and unenforceable, regardless of when they were signed. This is significant since the ban applies retroactively and voids all existing noncompete…

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Apr 07 2026
Harassment & DiscriminationQ&ATermination & Resignation

Q&A: Disciplining complainant may invite retaliation claim

Question: We recently closed an internal investigation into a harassment complaint made by a manager with a finding that no facts supported her harassment allegations against a coworker. Instead, the investigation revealed that the manager who complained has been deficient in performing her duties. Can we fire the manager for the performance issues uncovered in…

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Apr 06 2026
Employee BenefitsLabor RelationsWage and Hour

More Washington bills signed from 2026 legislative session

More bills from the 2026 Washington legislative session have been signed into law by Governor Bob Ferguson. We previously reported on several bills from this session; here are four additional laws of interest to employers: SSHB 2105 Immigrant Worker Protection Act: Within 5 business days of receiving a notice of an I-9 inspection, employers must post and…

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Apr 02 2026
Employee ClassificationsWage and Hour

Q&A: Managers have to mostly manage, or lose overtime exemption

Question: A store manager who recently quit is now demanding a huge amount of overtime pay, claiming that they spent most of their time doing nonmanagement tasks. We classify all of our store managers as exempt from overtime. What is our exposure? Answer: The answer will depend heavily on all of your store managers’ normal…

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Mar 24 2026
Harassment & Discrimination

Q&A: AI tools may threaten your attorney-client privilege

Question: We recently received a discrimination complaint from a former employee who was terminated for sexual harassment. To save time and legal costs, we decided to plug the facts into ChatGPT to review our legal exposure and determine how to respond. Does this pose any issues in the event of a lawsuit? Answer: Likely, yes….

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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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