News & Analysis as of

Employer Liability Issues State Labor Laws WA Supreme Court

Benesch

EPOA Amendments to Help Washington Employers Mitigate Liability Amid Forthcoming Decision in Branson v. Washington

Benesch on

Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more

Husch Blackwell LLP

Washington Establishes New Standard for Deliberate Injury Exception in Latent Disease Cases

Husch Blackwell LLP on

In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more

Seyfarth Shaw LLP

The Fate of Hundreds Of EPOA Class Actions Await The Washington Supreme Court’s Decision in Branson v. Washington

Seyfarth Shaw LLP on

The Washington Supreme Court recently entertained oral arguments in Branson v. Washington Fine Wines on the following certified question from the W.D. Washington regarding the Equal Pay and Opportunities Act (“EPOA”)...more

Fisher Phillips

Washington Supreme Court Significantly Limits Moonlighting Restrictions for Low Wage Employees: Your 4-Step Plan for Compliance

Fisher Phillips on

In a first-of-its-kind decision, the Washington Supreme Court took aim at the ability of employers to prevent low wage employees in the state from “moonlighting” or otherwise supplementing their income during their...more

Dorsey & Whitney LLP

Washington Employers Must Be Careful about Which Employees are Required to Enter into Non-Compete Agreements

Dorsey & Whitney LLP on

On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more

Clark Hill PLC

Washington Supreme Court Says Employers May Not Unreasonably Restrain Employees From Working for Competitors

Clark Hill PLC on

In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more

Seyfarth Shaw LLP

Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act

Seyfarth Shaw LLP on

On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more

Miller Nash LLP

Who’s on First? Washington State Employer Liability at the Worksite for Safety Violations

Miller Nash LLP on

The Washington Supreme Court handed down a new framework last week on an employer’s responsibility at the worksite for health and safety violations. The Tradesmen decision results from two separate lawsuits involving...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

Perkins Coie on

In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the...more

Perkins Coie

Washington Supreme Upholds Workweek Averaging for Non-Agricultural Piece-Rate Workers

Perkins Coie on

On September 5, 2019, the Washington Supreme Court held that non-agricultural employees do not have to be paid a separate hourly rate for time spent on non-piece-rate activities. Further, workweek averaging, as described in...more

Sheppard Mullin Richter & Hampton LLP

Peace for Piece-Rate Employers in Washington

On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme...more

Perkins Coie

Washington Supreme Court Holds That Obesity Is Protected Against Discrimination

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The Washington State Supreme Court recently held obesity qualifies as an impairment under the Washington Law Against Discrimination (WLAD). The decision runs counter to other court decisions across the country finding obesity...more

Fisher Phillips

Obesity: A New Protected Class In Washington

Fisher Phillips on

The Washington Supreme Court held for the first time yesterday that obesity is a protected class under state anti-discrimination law (Taylor v. Burlington Northern Railroad Holdings, Inc.). This decision runs counter to...more

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