Employer Alerts & Employment Law Updates

On September 19, 2025, President Trump signed a new Executive Order entitled “Restriction on Entry of Certain Nonimmigrant Workers.” The Order significantly changes how employers can petition for H-1B workers located outside the United States, and it carries major financial implications for companies relying on global talent.

Washington Minimum Wage Act Amended to Prohibit Employer Coercion Based on Immigration Status

Good News for Employees: Expansion of EPOA Protected Classes

On April 25^th, Spokane Mayor, Lisa Brown, signed the Ban the Address ordinance which is reportedly the first in the country to prohibit discrimination against job applicants based upon housing status.  The ordinance expands fair chance hiring requirements and is intended to protect homeless job applicants.  Employers will be generally prohibited from requiring an applicant to provide their address on a job application.  Employers will also be restricted from inquiring more generally into an applicant’s housing status until after a provisional job offer is made. Once a provisional offer of employment is made, an employer may then inquire into an applicant’s address or residence history. 

The federal minimum wage will remain at $7.25 per hour. 

Changes to the Federal Salary Threshold for Overtime Exempt Employees

A ruling by a Texas district court...

For 2025, Idaho employers will continue to follow the federal minimum wage of $7.25 per hour, which is unchanged from 2024. Frequently Asked Questions on Labor Laws...

Effective January 1, 2025, Montana’s minimum wage increased from $10.33 per hour to $10.55 per hour. Employers not covered by the FLSA whose gross annual sales are $110,000 or less are only required to pay $4.00 per hour. If, however, an individual employee is producing or moving goods between states or that individual employee is otherwise covered by the FLSA, the employee must be paid the greater of either the federal minimum wage or Montana’s minimum wage. Most businesses are covered by the FLSA. More information about whether your business is covered by the FLSA can be found here.    

Washington’s Department of Labor and Industries announced that the 2025 state minimum wage increase from $16.28 per hour to $16.66 per hour for workers ages 16 and older.  Workers who are ages 14 and 15 will see an increase to their minimum wage as well as the rate will increase to $14.16 per hour effective January 1st.  Local jurisdictions are also entitled to set their own minimum wage higher than the state requirement.  Bellingham, Burien, Renton, Sea-Tac, Seattle, Tukwila, and unincorporated King County all have local minimum wages for 2025.

The U.S. Department of Labor (DOL) has recently issued a final rule that revises the classification criteria for independent contractors. This rule, which takes effect March 11, 2024, marks a departure from the 2021 rule which considered fewer factors and emphasized two factors are most important to the determination.  The new rule reinstates the economic reality test which evaluates the totality-of-the-circumstances when considering six key factors equally. While these factors are not exhaustive, they play a crucial role in determining whether a worker should be considered an independent contractor or an employee.  The DOL explained that the new rule brings the independent contractor analysis back into conformity with longstanding case law and the text of the FLSA.

Burien, Renton, and Bellingham join Tukwila, Seattle, and SeaTac in enacting their own minimum wage rates in excess of the state-mandated rate of $16.28. Each of the three cities has recently passed ordinances governing employment standards including minimum wage for non-exempt workers in addition to other protections.

The DOL has updated regulations related to exemptions from minimum wage obligations under the Fair Labor Standards Act (FLSA) for workers who fit within the executive, administrative, professional, outside sales, or computer professional exemptions, as well as highly compensated employees.

Effective June 6, 2024, Washington’s non-compete statute relates not only to agreements prohibiting individuals from engaging in a lawful profession, trade or business, but also to agreements that directly or indirectly prohibit the acceptance or transaction of business with a customer generally. Non-solicitation, confidentiality and trade secret agreements continue to be allowable under the law, as well as covenants entered into by a party buying or selling a business so long as the person signing the agreement sells, buys or disposes of an interest of at least one percent of the business.

The FTC has issued a final rule banning all non-compete clauses entered into on or after the rule’s effective date except those related to the bona fide sale of a business. Additionally, the rule invalidates all existing non-compete clauses except for those related to “Senior Executives.” Non-competes for “Senior Executives” which are in existence prior to the effective date of the rule are not invalidated. “Senior Executives” are defined as those individuals earning at least $151,164 and in a “policy-making position.”

Washington’s Equal Pay & Opportunities Act currently protects women from pay disparities and impediments to advancement opportunities. Beginning July 1, 2025, the protections are expanded to all protected groups. Employers may not offer disparate compensation for similarly situated employees unless there is a legitimate reason for doing so that is unrelated to the affected employee membership in any protected group. Employers continue to be restricted from prohibiting employees’ open discussion of wages and must comply with limitations related to information that may be obtained during interviews and requirements for job postings, among other issues addressed in the Act.

Washington has enacted the Free Choice Act which protects Washington employees from requirements by their employer to attend meetings or listen to their employer’s statements related to political or religious issues. Employees may decline to attend such meetings and are protected from retaliation where the employee, instead, chooses to perform their job duties.

Senate Bill 5793 was passed by the Washington Legislature and signed into law by Governor Jay Inslee. This bill amends the Paid Sick Leave statute, impacting how and when paid sick leave can be utilized, and providing clearer definitions for "family members."

The U.S. Citizenship and Immigration Services (USCIS) has released an Employer Alert instructing employers to continue to use the current Form I-9 past its expiration...

The Emergency Wildfire Smoke Rule expired on September 29, 2022, but LNI is working toward making the emergency rule permanent. In the meantime, LNI has issued guidance...

The Washington Department of Labor and Industries has announced emergency rules aimed at protecting employees working outside this summer.  The emergency rules enhance heat exposure obligations already in place and establish requirements related to wildfire smoke exposure. The full text of the emergency rules can be found here:  Heat and Wildfire Smoke.  The emergency rules will take effect June 15^th and last through September 29^th.    

Last month, a U.S. District Court in Georgia issued a nationwide stay, enjoining the federal government from enforcing its COVID-19 vaccine mandate for federal government contractors. That court recently issued another order explaining that it only enjoined the federal government with respect to requiring vaccinations for federal contractors.  The remaining requirements, including those related to masking, distancing and others were not affected by the original Georgia ruling.  The court declined, in its new order, to comment on whether contractors may voluntarily agree with the federal government to require vaccination.  If enforceable, such agreements could be binding on lower-tiered contractors. 

On January 27, 2021, Washington Governor Jay Inslee signed two bills into law that affect the Long Term Services and Supports Act (LTSS Act), also known as the WA Cares Fund.  The bills delay the collection of premiums until July 2023 and direct employers to refund premiums collected within 120 days.  Changes to the Act also allow workers born prior to 1968 to qualify for partial benefits and allows those who work in Washington, but live out of state, military spouses and registered domestic partners, workers on non-immigrant visas, and certain disabled veterans to opt-out of the program.