On August 26, 2026, General Counsel for the National Labor Relations Board (“Board”) Crystal S. Carey issued Memorandum GC 26-04, signaling that many of the employee-friendly precedents adopted during the Biden years are squarely in the crosshairs.
While a GC memo does not change the law, it is a reliable indicator for where Board doctrine
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.
An unexpected visit from Immigration and Customs Enforcement (ICE) can be disruptive and stressful. Employers who prepare in advance—and respond carefully—can protect their businesses, avoid unnecessary liability, and maintain order during a difficult situation.
ICE has raised the stakes for I-9 audits. New rules have changed some technical violations of Form I-9 to substantive violations.
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
In the most recent indication of what employers can expect from the National Labor Relations Board under President Trump’s second term, the acting General Counsel for the Board, William Cowen, recently rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, that employers regarded as overprotective of employee rights under the National Labor Relations
Since 2019, employers have relied heavily on the management rights clauses in collective bargaining agreements to make unilateral workplace changes involving operational decisions. They did so with the protection of the “contract coverage” standard established by the National Labor Relations Board (“Board”) in the 2019 case MV Transportation Inc., 368 NLRB No. 66, where
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
Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the Democratic majority announced in Stericyle, Inc., 371 NLRB No. 48 (Jan. 6, 2022), that it was requesting briefing on whether
Hot off the proverbial presses: The Centers for Disease Control and Prevention (“CDC”) announced today that fully vaccinated individuals can resume normal life activities without wearing masks or socially distancing. The CDC’s guidance is available here. Although it is certainly good news, the CDC’s guidance comes with several cautionary notes:
As expected, the U.S. Department of Labor (DOL) has repealed the Trump-era rule regarding classification of independent contractors. As we discussed here, the Trump-era rule codified the “economic realities test” for use when analyzing whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA).
Labor advocates criticized