USA - Washington
September 3, 2024
In April 2024, the Federal Trade Commission issued a nationwide rule banning noncompete agreements starting on September 4 — on August 20, a federal judge in Texas issued a sweeping decision that prevents the FTC’s Noncompete Rule from taking effect.
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USA - Washington
June 21, 2024
It has been a busy 2024 for federal agencies and the Oregon and Washington legislatures, which have ushered in new laws and regulations that affect employer-employee relationships in senior living communities.
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USA - Washington
June 7, 2024
The Pregnant Workers Fairness Act (PWFA) regulations issued by the EEOC become effective on June 18, 2024. Passed in 2023, the PWFA is a federal law that mandates employers provide reasonable accommodations for pregnancy, childbirth, or related medical conditions.
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U.S.A. - Washington
May 6, 2024
A recent study by SHRM shows that approximately 26% of organizations use Artificial Intelligence to support Human Resource-related activities. As AI adoption quickens and its use expands, employers must be mindful of compliance obligations.
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USA
April 29, 2024
The Federal Trade Commission (FTC) has voted to publish its final rule banning most worker non-compete agreements. If and when the rule becomes effective, it will ban non-competes going forward.
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USA
April 9, 2024
Businesses operating in Washington state that require their employees or contractors to comply with noncompete or customer nonsolicitation covenants should review their agreements to avoid claims and penalties when significant changes to state law become effective on June 6, 2024.
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USA
April 2, 2024
The Washington Department of Revenue continues to update its guidance on Washington’s excise tax on long-term capital gains, resulting in the most recent proposed rule, WAC 458-20-301. There are several important changes from the last iteration of the proposed rule.
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USA
March 31, 2024
Employers are banned from mandating, under threat of discipline, that employees attend meetings or speeches regarding religious or political matters under the “Employee Free Choice Act” passed by Washington’s Legislature and signed by Governor Inslee. The law becomes effective on June 5, 2024.
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USA
January 21, 2024
As of January 1, 2024, reporting requirements under the federal Corporate Transparency Act and related regulations (collectively, the “CTA”) went into effect. The CTA creates a new reporting requirement for many small, private companies.
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USA
January 8, 2024
The new Corporate Transparency Act (CTA) went into effect on January 1, 2024. This new act will require almost all entities, such as LLCs and corporations, with fewer than 20 employees and less than $5 million of revenue to file reports to the Financial Crimes Enforcement Network.
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USA
January 3, 2024
Many of us have our traditions to ring in a new year: taking down holiday decorations, making New Year’s resolutions, and organizing our homes and offices. But employers, especially in the Pacific Northwest, now have another New Year’s tradition: bracing themselves for a host of new employment laws.
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USA
December 5, 2023
Ready or not, the Oregon Consumer Privacy Act (OCPA) is coming your way. Oregon joins several other states in passing comprehensive data privacy legislation.
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USA
October 2, 2023
The October 31 deadline for payment of second half 2023 property taxes is fast approaching. We want to remind you that to preserve the right to challenge the validity of your 2022 tax assessment in court, you must pay the tax under written protest stating the grounds for protest.
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USA
September 27, 2023
Upending decades of precedent, the U.S. Supreme Court recently ruled that employers considering employees’ requests for religious accommodation must grant these requests unless doing so would result in “substantial increased costs in relation to the conduct of its particular business.”
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USA
September 21, 2023
Considering race in college admissions is legally impermissible, according to the U.S. Supreme Court’s recent affirmative action decision. But what does this mean for employers?
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USA
August 29, 2023
On Monday, August 21, Lane Powell filed a petition for certiorari to the U.S. Supreme Court (SCOTUS) asking the Court to review the Washington State Supreme Court decision in Quinn v. Dep't of Revenue.
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USA
August 17, 2023
The Washington Supreme Court validated the state’s new excise tax on the sale or exchange of long-term capital assets as a constitutional excise tax on the privilege of selling or exchanging certain capital assets—commonly, but perhaps incorrectly, referred to as the “Washington capital gains tax."
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USA
August 13, 2023
Whether or not employers are ready for it, Oregon’s paid family and medical leave and wage replacement program is now accepting employee applications and will soon be paying benefits to eligible employees. Starting August 14, Oregon employees can apply for paid time off benefits provided by PLO.
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USA
July 27, 2023
The U.S. Citizenship and Immigration Services (USCIS) announced a final rule, effective August 1, that allows employers to have an alternative procedure for remote I-9 employment verification.
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USA
June 29, 2023
Lane Powell Shareholder Bryan Powell has been elected the next Vice President of Lane Powell. Tom Sondag, who has served in the Vice President role since 2014, will enter retirement on July 1.
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USA
June 28, 2023
The U.S. Supreme Court has agreed to consider whether the mandatory repatriation tax (MRT) resulting from the deemed repatriation under IRC § 965 is constitutional. No decision is expected until 2024.
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USA
June 21, 2023
It will soon be illegal for Washington employers to reject most job applicants based on their off-duty cannabis use. Beginning January 1, 2024, most Washington employers may not reject a job applicant simply because they use marijuana outside of work and away from the workplace.
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USA
June 15, 2023
Earlier this year, it was ruled that Washington state’s capital gains tax is a constitutional excise tax, not an income tax. Some argued that the tax was easy to apply because the starting point was long-term capital gains reported on a taxpayer’s federal income tax return.
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USA
June 4, 2023
The Department of Homeland Security announced an end to its COVID-19 temporary flexibility for Form I-9, Employment Eligibility Verification. The temporary policies were designed to allow U.S. employers flexibility for onboarding new employees while following health guidelines for social distancing.
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USA
May 10, 2023
Demurrage and detention charges are usually stated in terms of dollars for a container used the day after the expiration of any free days, levied by ocean carriers against the “Merchant.” Specifically, demurrage is charged for failure to collect cargo at a port after delivery.
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USA
March 23, 2023
In a 7-2 decision, the Washington Supreme Court has ruled that Washington’s capital gains tax is an excise tax and therefore not subject to the Uniformity Clause of the Washington state constitution.
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USA
March 13, 2023
On March 3, 2023, the International Maritime Organization (IMO), a specialized agency of the United Nations that regulates international shipping, announced its research project into the availability of low and zero-carbon marine fuels and technology.
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USA
February 22, 2023
This legal update is about the U.S. Citizenship and Immigration Services’ (USCIS) H-1B Cap for Fiscal Year 2024 (registration is in the first half of March 2023 for a potential start date of October 1, 2023).
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February 14, 2023
The Department of Labor (DOL) published new processing times for PERM, Labor Certification applications, and their audit reviews. DOL also published new processing times for Prevailing Wage Determinations.
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USA
January 31, 2023
A Washington court recently ruled that fuel card issuers owe retailing business and occupation tax on fuel that their cardholders purchase in Washington state. The court also ruled that station operators owe wholesaling B&O tax when purchasers present a fuel card for payment.
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USA
January 26, 2023
In a significant decision under the Affordable Care Act, a federal district court in Western Washington recently ruled that a third-party plan administrator violated the ACA’s anti-discrimination rule when administering a self-insured health plan that excluded gender-affirming care.
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USA
January 8, 2023
The Washington Department of Revenue issued a Special Notice regarding the case Terrapower LLC v. Dep't of Revenue (2022). In this case, the issue was whether machinery and equipment ("M&E") used in a research and development operation qualified for Washington's M&E sales tax exemption.
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USA
October 31, 2021
The Democratic effort to enact President Biden’s agenda has taken a rather convoluted path in terms of initiatives, price tag, and revenue-raising provisions. One proposal that has seen much political ping pong in recent months creates new limitations on Internal Revenue Code Section 1202.
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USA
October 25, 2021
The Washington Department of Ecology has taken the formal step of designating the family of manufactured chemicals called per- and polyfluoroalkyl compounds as hazardous substances — these compounds have been the subject of increasing regulatory scrutiny.
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USA
October 5, 2021
Ransomware is a national security issue that affects all sixteen critical infrastructure sectors, including the transportation and healthcare sectors.
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USA
August 16, 2021
As COVID-19 cases, related hospitalizations, and the Delta variant continue to surge nationwide, some West Coast states have instituted mandatory vaccinations for certain employees. Washington, Oregon, and California now mandate employee vaccination for certain government and health care employees.
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USA
April 26, 2021
Alaska employers received some welcome news from the Alaska Supreme Court that should help level the playing field when they must defend claims from employees under the Alaska Wage and Hour Act.
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