Washington Supreme Court Expands Exposure Under Pay-Transparency Law for Retail and Hospitality Employers
In September 2025, the Washington Supreme Court issued a significant decision interpreting Washington’s pay-transparency statute, RCW 49.58.110, part of the Equal Pay and Opportunities Act (EPOA). In Branson v. Washington Fine Wine & Spirits, LLC, 5 Wash. 3d 289, 574 P.3d 1031 (2025), the Court held that an individual qualifies as a “job applicant” entitled...
When Performance Problems Arise: Four Documentation Tips That Matter
Employees are the backbone of any organization, but even the best hiring processes do not guarantee a perfect fit every time. When performance issues arise, proper documentation becomes essential. Clear, timely records not only support fair decision‑making but also ensure that disciplinary or termination decisions can withstand scrutiny. The following provides a practical framework for...
Washington Advances Bills Regulating Employer Use of AI and Electronic Monitoring
Despite federal discouragement of state-level regulation of artificial intelligence (“AI”) technologies, AI regulation in various domains, including the workplace, remains a top priority for Washington lawmakers. The Washington Legislature began its 2026 Regular Session on January 12, 2026, which is scheduled to run for 60 days through March 12, 2026. Below are two examples—HB 2144...
Balancing Mission and Compliance: How Recent Ninth Circuit Rulings Affect Employers with Religious Mission and Religious Employees
Washington’s religious‑accommodation landscape is shifting in two distinct directions. In what is likely to be one of the most important religious freedom cases of the year, the Ninth Circuit in Union Gospel Mission v. Brown, No. 24-7246 (9th Cir., 2026) continued the trend of expanding constitutional protections for religious employers, holding that Washington cannot apply...
Upcoming Changes to Washington’s Fair Chance Act (RCW 49.94)
Amendments to Washington’s Fair Chance Act will become effective in 2026. The changes will further restrict an employer’s ability to seek or rely upon an employee or applicant’s criminal record. Key Takeaways for Employers – Five Major Updates: Employers may not obtain information about an applicant’s criminal record until the employer determines the applicant is...
Getting Back To Basics: Employers Must Tread Carefully To Avoid Exposure
It’s Time to Get Back To Basics: With fewer than two months before the completion of the first year of Donald Trump’s presidency, and in an age of uncertainty caused by the issuance of multiple executive orders, which purport to roll back programs at the federal level, including Diversity, Equity, and Inclusion measures, it is...
Washington Paid Family Medical Leave: Significant Changes for 2026
Recent and significant amendments to Washington’s Paid Family Medical Leave law, RCW Ch. 50A (PFML), start taking effect January 1, 2026. The full pending PFML changes (as passed by the Washington Legislature) are available here. Key changes and takeaways are summarized below. Key Changes and Takeaways for Employers: Job protections expanded and accelerated – Effective January...
Washington Expands Employee Rights to Personnel Files
Washington’s Industrial Welfare Act (“IWA”) (RCW 49.12) was recently amended to strengthen employee access to personnel files. Key Takeaways for Employers What changed: Four major updates: Personnel file defined – The law now specifies what a “personnel file” includes, clarifying employer recordkeeping obligations. 21-day response deadline – Employers must provide an employee (or their designee)...
Northwest Insurance Law Quarterly Newsletter: Spring 2025
Please find the Spring 2025 edition of the Williams Kastner Northwest Insurance Law Newsletter. Our newsletter features articles regarding some of the most important decisions and developments in insurance law over the past few months. Should you have any questions, please feel free to contact Eliot Harris. Follow us on LinkedIn for more legal updates.
9th Circuit Court of Appeals Affirms Dismissal of Extra-Contractual Claims in Washington UIM Case Regarding Payment of “Undisputed” Damages
Washington State has seen an increase in bad faith claims against insurers regarding settlement of uninsured/underinsured (“UIM”) motorist claims in the past decade. One of the primary reasons for this increase is the development of a duty by a UIM insurer to pay so-called “undisputed” amounts arising out of Beasley v. GEICO Gen. Ins. Co.,...
Harris v. Safeco – When are emotional distress damages recoverable?
In Richard Harris, et al. v. Safeco Insurance Company of Illinois, the U.S. District Court for the District of Oregon clarified when policyholders may recover litigation-related emotional distress damages under Oregon’s unfair settlement practices statute (ORS § 746.230(1).) Following a house fire in August 2022, the plaintiffs filed a claim under their Safeco insurance policy for...
Jennifer Hohnstein Discusses Residential Landlord-Tenant Act Changes for 2025 with Washington REALTORS®
Williams Kastner attorney Jennifer Hohnstein appeared in a three-part video series produced by Washington REALTORS, discussing updates to the Washington Residential Landlord-Tenant Act enacted during the 2025 legislative session. Residential Landlord-Tenant Act Changes: Part 1: Legal Hotline 2025 In this episode of the Legal Hotline series, Washington REALTORS® Legal Hotline Lawyer Annie Fitzsimmons is joined...