Washington Supreme Court Ends Overtime Exclusion for Live-In Healthcare Providers
On July 9, 2026, the Washington Supreme Court affirmed partial summary judgment in the matter of Bolina v. Assurecare Adult Home, LLC, Case No. 103519-5, (Wash. July 9, 2026), holding that RCW 49.46.010(3)(j)’s[1] “live-in” exemption to the Minimum Wage Act (MWA) violates article I, section 12 as applied to live-in caregivers. Until now, RCW 49.46.010(3)(j)...
Washington Expands Rules on ICE Workplace Enforcement: How Employers Can Prepare
Washington employers should take note of expanded obligations under the state’s Immigrant Worker Protection Act, reinforced through HB 1470 (2023), HB 2105 (2026), and updated guidance from the Washington Attorney General. These developments reflect the state’s continued focus on protecting immigrant workers and establish clearer expectations for how employers must respond to workplace immigration enforcement...
Washington to Ban Noncompete Agreements Beginning June 30, 2027
Employers in Washington will soon be prohibited from using noncompete agreements in the workplace. Under Engrossed Substitute House Bill 1155, signed by Governor Ferguson on March 23, 2026, virtually all noncompetition covenants between employers and workers will be void and unenforceable beginning June 30, 2027, regardless of when the agreement was signed or how much...
Washington’s 2026 Tax Changes Affect Business Aviation and Wealth Planning
The Washington State Legislature recently concluded its 2026 session with a handful of important new tax laws. This article addresses two big changes specific to our aviation and business transactions practice. Aviation Taxes Last year, the Washington State Legislature passed a “luxury aircraft tax” that would have imposed an additional ten percent tax on the...
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)...