For Washington employers, meal and rest break class actions continue to be one of the most active areas of wage and hour litigation. Despite years of litigation and recurring lawsuits challenging break practices across industries, there has been little indication that the Washington Legislature intends to revisit or modernize the state’s meal and rest break framework. As a result, employers remain subject to a regulatory scheme that is both highly technical and frequently litigated, creating ongoing exposure for large employers with hourly, non-exempt workforces.
Washington
Washington Bans Noncompete Agreements: What Employers Need to Know
UPDATE AS OF 3/24/2026: This week, Governor Bob Ferguson signed HB 1155 into law, effectively banning workplace noncompete agreements and redefining permissible nonsolicitation agreements. The law takes effect on June 30, 2027. While its effective date is more than a year away, employers should begin preparing to adjust their policies and procedures accordingly. Once effective…
Washington Employers: Key Legal Changes on the Horizon
Washington’s legislature has approved two bills poised to significantly reshape employer obligations around layoffs and job postings. Though not yet signed into law, both bills—if enacted—will require prompt action and policy updates from employers operating in the state.
Mini-WARN Act: More Notice, Broader Reach
Senate Bill 5525, modeled on the federal WARN Act, ups the…
Major Changes in Hospital Staffing Laws: Oregon and Washington Take Different Paths
In the wake of the ongoing COVID-19 pandemic and persistent staffing challenges, both Oregon and Washington have enacted legislation to reshape how healthcare institutions plan for and staff their facilities. While addressing the same issue, the two states have taken distinct approaches. Oregon’s House Bill 2697, signed by Governor Tina Kotek, introduces stringent nurse-to-patient ratios…
Ninth Circuit Rules That a Temporary Impairment Can Qualify as a “Disability” Under the ADA
The U.S. Court of Appeals for the Ninth Circuit, the federal appellate court with jurisdiction over much of the western United States (including Washington, Oregon, California and Idaho), ruled last week that an employee’s temporary impairment can qualify as a disability under the Americans with Disabilities Act (“ADA”). The Ninth Circuit’s decision resolves an important…
COVID-19 Vaccine and Mask Mandates – Comparison of Select States
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the table, there are still a host of COVID rules that employers must comply with.
Stoel Rives has created an interactive map…
Federal Court Allows OSHA Vaccine-Or-Test Rule To Move Forward
In a decision released late in the day on Friday, the United States Court of Appeals for the Sixth Circuit lifted a stay against the Occupational Safety and Health Administration’s (“OSHA”) rule requiring employers with 100+ employees either to require their employees to be vaccinated against COVID-19 or to submit to weekly COVID-19 testing and…
Washington to Reinstate Indoor Mask Mandate and Require Proof of Vaccination of Certain Workers
Mask Mandate
Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five. Masks will not be required for vaccinated employees in office spaces that are not public-facing, but are still required for unvaccinated employees in such offices. Masks…
No Mask, No Problem – Washington Department of Labor & Industries Issues New Guidance for Fully Vaccinated Workers
On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers. The new guidance will help employers adjust masking policies to meet the new Centers for Disease Control and Prevention (“CDC”) guidelines adopted by Governor Jay Inslee.
Under the new guidance, most Washington employers need not require…
Changes to Washington’s Requirements Regarding Accommodation of Employees at High Risk of Contracting COVID-19
For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing those employees to take extended leaves of absence if alternative work assignments, telework, remote work locations, or social distancing measures are…