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Winterbauer & Diamond PLLC

Recent Blog Posts

Washington Supreme Court adopts “knew or suspected” standard for WLAD retaliation claims

The Washington Law Against Discrimination (WLAD) prohibits employers from retaliating against employees who have engaged in activity protected under the statute. The Washington Supreme Court recently reviewed how to determine whether an employee’s manager had sufficient knowledge that the employee engaged in protected activity to establish a potential causal link between that activity and the… Read More »

Employer Attendance Policies Must Comply with Protected Leave Laws

Regular and predictable attendance is an essential function of most jobs, and many employers have policies in place to help ensure employees meet this basic requirement.  This is especially so as to absences where no advance notice is provided as these can be more disruptive to the workplace than where advance notice is provided.  Such… Read More »

Washington Supreme Court Determines Call Center Employees Were Not Piece Rate Workers

During the past few years, the Washington Supreme Court has been presented with several wage and hour issues regarding what is considered compensable time and how such time should be calculated. In one recent decision, the Court reviewed whether a compensation plan, that paid employees per minute they were on a call from a customer,… Read More »

Washington Supreme Court Finds Employee Failed to Assert Valid Claim for Wrongful Discharge in Violation of Public Policy

Last month, in Martin v. Gonzaga University, 425 P.3d 827 (September 13, 2018), the Washington Supreme Court shed further light on the proper scope of claims for wrongful discharge in violation of public policy and how such claims should be analyzed. David Martin was an assistant director at Gonzaga University’s student fitness center. Martin sued… Read More »

Requirements of Seattle’s Secure Scheduling Ordinance

In 2017, Seattle’s Secure Scheduling ordinance took effect, requiring certain retail and restaurant employers to provide employees with more information and advance notice regarding their work schedules.  The ordinance applies only to employers with at least 500 employees (whether in Seattle or not) and, for restaurants, at least 40 locations (anywhere as long as one… Read More »

Seattle’s Revised Paid Sick and Safe Time Rules

In January 2018, Seattle’s amended Paid Sick and Safe Time (PSST) ordinance took effect, and in June 2018, the Seattle Office of Labor Standards (OLS) announced its final revised administrative rules interpreting the amended ordinance. Both the ordinance and the administrative rules were amended to comply with Initiative 1433, which provides paid sick leave on a… Read More »

Seattle Domestic Worker’s Bill of Rights Becomes Law

On July 27, 2018, Mayor Durkin signed into law the Seattle Domestic Worker’s Bill of Rights ordinance. The ordinance goes into effect on July 1, 2019. While eight states already have a similar law, Seattle is the first city to pass such legislation. Seattle’s Office of Labor Standards will provide guidance regarding the ordinance and… Read More »

The Washington Paid Family and Medical Leave Act Takes Effect in 2019

In July 2017, Governor Inslee signed into law the Washington Paid Family and Medical Leave Act. The law creates a state-run insurance program that will be administered and enforced by the Employment Security Department. On January 1, 2019, premium collection will begin. On January 1, 2020, eligible employees will begin receiving benefits. At that point,… Read More »

New Washington Law Restricts Employer Access to Health Care Information in Litigation

One sometimes contentious issue that can arise in employment discrimination cases is the extent to which the employer can have access to a plaintiff’s health care information. From the employer’s point of view such evidence can be directly relevant to a plaintiff’s effort to obtain noneconomic damages for alleged emotional distress and could reveal information… Read More »

June 7 Marks Significant Changes For Washington Employers

On June 7, 2018, six new Washington employment laws took effect.  They are summarized below. Washington Fair Chance Act Washington has joined Seattle as well as other cities and states in enacting a “Ban the Box” law restricting when and how employers may ask about an applicant’s criminal background.  Like the Seattle ordinance, per the… Read More »



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