Category Archives

California Supreme Court Spares Employers From Tsunami of Spousal COVID Claims

The California Supreme Court handed down its much-anticipated decision in Kuciemba v. Victory Woodworks, Inc., holding that an employer cannot be liable for injury to an employee’s spouse when the employee transmits their workplace-acquired COVID infection to their spouse.  The Court’s decision, on public policy grounds, is a lifeline for California employers who faced substantial litigation risk and cost ...

The California Supreme Court handed down its much-anticipated decision in Kuciemba v. Victory Woodworks, Inc., holding that an employer cannot be liable for injury to an employee’s spouse when the ...

Can an Employer Consider an Applicant’s Off-Duty Use of Marijuana in Making a Hiring Decision? After January 1, 2024, Not in Washington…

A decade after recreational use of cannabis was legalized in Washington, the state recently enacted new restrictions on employers’ ability to consider off-duty use of marijuana in hiring. On May 9, 2023, Governor Inslee signed Senate Bill 5123 into law, which bars most employers’ from making hiring decisions based on off-the-job cannabis use or most pre-employment cannabis testing.  Specifically, ...

A decade after recreational use of cannabis was legalized in Washington, the state recently enacted new restrictions on employers’ ability to consider off-duty use of marijuana in hiring. On May ...

Signing Your Deposition Transcript: To Waive or Not To Waive?

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the deponent to await her review of the transcript before she attests to its accuracy.  Most attorneys view this as the right of deponent and, as a matter of course, ...

At the end of a deposition, pursuant to Washington Civil Rule 30(e), the court reporter typically asks the deponent’s attorney whether she would like to “reserve signature,” i.e., for the ...

New Washington Statute Impacts Settlement Agreements in Employment Disputes and Limits Scope of Nondisclosure Agreements

A significant statutory update regarding the resolution of employment-related claims, disputes and lawsuits, RCW 49.44.211, went into effect on June 9,  2022.  The new law amends the 2018 law prohibiting employment agreements from including non-disclosure provisions related to details or allegations of sexual harassment and assault. The amended statute now applies to settlement agreements and independent contractor agreements, in ...

A significant statutory update regarding the resolution of employment-related claims, disputes and lawsuits, RCW 49.44.211, went into effect on June 9,  2022.  The new law amends the 2018 law prohibiting ...

Court of Appeals Clears Way to Challenge Land Use Decisions in Far-Flung Courts

A recent decision by Division Three of the Washington Court of Appeals has cleared the way for parties to challenge local land use decisions anywhere in the state, regardless of where the underlying property is located.  In Glenrose Ass'n v. Spokane Cty., No. 38376-8-III, 2022 Wash. App. LEXIS 1171 (Ct. App. June 7, 2022), a three-judge panel reversed the ...

A recent decision by Division Three of the Washington Court of Appeals has cleared the way for parties to challenge local land use decisions anywhere in the state, regardless of ...