Employment Law Advising & Defense Litigation

This week, Washington signed a new law banning noncompete agreements, marking a significant change in how employers manage post-employment restrictions. Once the law takes effect on June 30, 2027, noncompete agreements will be unenforceable for Washington-based workers, regardless of compensation level. Employers will no longer be permitted to enter into new noncompete agreements, and existing agreements will become void as of that date. The ban is far-reaching, broadening the definition of a noncompete agreement, and includes only limited exceptions for

Effective January 1, 2026, Washington will raise both the statewide minimum wage and the salary floor for overtime-exempt employees. The state minimum wage increases 2.8% to $17.13/hour; several jurisdictions (including Seattle, SeaTac, Tukwila, Renton, Bellingham, Everett, Burien, and unincorporated King County) may require higher local rates. Because the exempt threshold is tied to a multiplier of the minimum wage, the 2026 salary floor for executive, administrative, professional, and certain computer employees will be 2.25× the state minimum, or $1,541.70 per

During the job application and interview process, consider whether additional applicant screening may help your business find the most qualified applicant for a role. Applicant screening is the process through which a recruiter, hiring manager, or human resources representative will review an applicant’s materials and other available information to determine whether they are the best candidate for the position. Additional screening steps beyond reviewing the candidate’s application materials and interview may include contacting an applicant’s references and checking their social

Many new laws recently took effect in Washington State after this year’s legislative session. We’ve highlighted four key updates for employers, listed below, to help ensure compliance and avoid potential penalties.   1. SSB 5408: ALLOWING FOR CORRECTIONS TO WAGE AND SALARY DISCLOSURES – Employers can now fix wage disclosure errors before facing penalties. Under Washington law, employers with fifteen or more employees are required to disclose the wage scale or salary range and a general description of all the benefits and other

Reminder to employers: On July 1, 2025, Washington’s Equal Pay and Opportunities Act (“EPOA”) expanded by extending protections to a broader set of protected classes beyond gender. Protected classes under the EPOA now also include age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, and the use of a trained dog guide or service animal by a person with

In 2021, The Washington State Department of Labor & Industries (L&I) announced emergency rules to protect workers from wildfire smoke exposure. These emergency rules have since expired and were replaced with updated regulations on May 16, 2025, reflecting recent policy changes made by the Environmental Protection Agency (EPA). Many provisions of the 2021 rules were renewed. As of May 2025, certain employers remain required to train employees about wildfire smoke risks, verify that employees showing symptoms of smoke exposure are

In this brief video, Employment Attorney Haley Westman breaks down recent legislative updates from Washington’s 2025 session. She explains key changes to the Equal Pay and Opportunities Act and the Washington Fair Chance Act, and what they mean for job postings, applicant screenings, and compliance deadlines. >> WATCH VIDEO <<

On June 5, 2025, the Supreme Court ruled in Ames v. Ohio Department of Youth Services, rejecting the Sixth Circuit’s use of a heightened Title VII standard for majority-group identities. The decision affirmed the uniform application of the disparate-treatment standard. Background The Ohio Department of Youth Services demoted a heterosexual employee, Ames, and placed a gay candidate in her position. She was also passed up for a promotion, which was instead given to a gay candidate. Ames alleged that her

    As a follow-up to our spring email alert regarding the U.S. Department of Labor’s (DOL) adjustments to the Fair Labor Standards Act (FLSA) salary thresholds, the U.S. District Court for the Eastern District of Texas recently overturned the DOL’s regulation aimed at raising the salary threshold for “white collar” overtime exemptions. This court decision nullifies both the increase implemented on July 1, 2024, and the one planned for January 1, 2025, affecting employers nationwide. The court found that