News & Analysis as of

Washington State and Local Government

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Schwabe, Williamson & Wyatt PC

Property Owners Face Hurdles in Challenging Local Improvement District (LID) ‎Assessments

On August 5, 2024, the Washington Court of Appeals, Division One, demonstrated the difficulty for property owners to challenge a local government’s decision to pass the cost of city improvements to them. In SHG Garage SPE et...more

Foster Garvey PC

SkyCorp Ltd v. King County: Washington Appellate Court Ruling Affirms County’s Authority in Waste Regulation

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The Washington Supreme Court recently denied review of a key decision from the Washington Court of Appeals, Division II, upholding the authority of local governments to regulate solid waste generated and collected within...more

Perkins Coie

Washington State Bans Captive Audience Meetings

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Washington state employers are now banned from holding “captive audience” meetings. So-called captive audience meetings are mandatory meetings held by employers during work hours to address activities protected by Section 7...more

Schwabe, Williamson & Wyatt PC

Washington Expands Change Order Protections to Private Projects

In March 2024, Governor Inslee signed SSB 6192 into law. This amended RCW 39.04.360 to require timely execution of change orders on both public and private construction projects. The amended language, which went into effect...more

McDermott Will & Emery

Washington State Further Restricts Noncompetition Agreements

Effective June 6, 2024, the state of Washington will further restrict the use of noncompetition agreements. This article provides background on the current law governing noncompetition agreements in Washington and walks...more

Beveridge & Diamond PC

Ecology Proposes Significant—And Legally Vulnerable—Changes to Washington’s Industrial Stormwater General Permit

Key Takeaways - What is Happening? The Washington State Department of Ecology (Ecology) published for public comment its proposed 2025 Industrial Stormwater General Permit (ISGP), which authorizes the discharge of...more

Sheppard Mullin Richter & Hampton LLP

Washington’s Amended Non-Compete Law Creates New Considerations for Employers

Washington Governor Jay Inslee recently signed Senate Bill 5935 into law, amending and expanding Washington’s statute restricting the enforceability of noncompetition covenants (Revised Code of Washington 49.2). The amended...more

Perkins Coie

Washington State Tightens Noncompete Restrictions

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Washington state businesses that have noncompetition agreements with employees or independent contractors will be subject to new requirements under the latest amendment to the state’s noncompetition law beginning June 6,...more

Perkins Coie

Washington Expands Equal Pay Law To Cover All Protected Classes

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Washington Governor Jay Inslee signed into law Substitute House Bill 1905 on March 28, 2024, broadening the scope of Washington’s Equal Pay and Opportunities Act (EPOA)....more

Davis Wright Tremaine LLP

Interstate 5 Bridge Replacement Project Becoming a Reality

The project to replace the Interstate 5 bridge between Portland, Oregon, and Vancouver, Washington, is becoming more reality than dream. For those who have traveled that stretch of I-5, or moved goods from the Ports or...more

Fenwick & West LLP

Washington’s My Health My Data Act – A Roadmap for Compliance

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What is the new Washington My Health My Data Act (MHMDA)? MHMDA aims to provide stronger privacy protections for “consumer health data” by: - Requiring additional disclosures for the collection, use, and sharing of...more

Bradley Arant Boult Cummings LLP

FTC Suing to Block Albertsons/Kroger Merger

The Federal Trade Commission (FTC) is suing to block the proposed $24.6 billion merger between supermarket giants Kroger and ACI, the parent company of Albertsons and Safeway, among other brands. The FTC has initiated two...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenge to Supermarket Merger Highlights FTC’s New Focus on Labor Markets

On February 26, 2024, after a 16-month investigation, the Federal Trade Commission (FTC) sued The Kroger Company and Albertsons Companies, Inc. in the U.S. District Court of Oregon to try to block their $24.6 billion merger....more

Schwabe, Williamson & Wyatt PC

The Washington My Health, My Data Act Looms Large

The Washington My Health My Data Act was passed in April 2023 to expand privacy protections for personal health data. Thus far, only the Act’s geofencing requirements have been enforceable. On March 31, 2024, the Act’s...more

Buchalter

Rounding Time Is No Longer a Safe Bet in Oregon and Washington

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The Fair Labor Standards Act (FLSA) mandates that employers compensate employees for each hour worked. Nonetheless, the Department of Labor guidance permits rounding of employee time punches so long as, among other things,...more

McDermott Will & Emery

Remote Retailers Held Responsible for Tax Collection in Washington

If there’s a lesson to be learned from the Washington Court of Appeals’ recent holding in Orthotic Shop Inc. and S&F Corporation v. Department of Revenue, No. 39321-6-III (Jan. 23, 2024), it’s that the use of a marketplace...more

Troutman Pepper

Amid Ongoing Regulatory Scrutiny, Washington AG Files First Lawsuit to Block Merger of State’s Largest Supermarkets

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On January 15, Washington Attorney General (AG) Bob Ferguson filed a complaint in King County Superior Court, seeking to block the merger of The Kroger Co. (Kroger) with its supermarket competitor, Albertsons Companies, Inc....more

McDermott Will & Emery

Preparing for Change: 2024 Brings Bevy of New Privacy Laws

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CALIFORNIA - On March 29, 2024, the amended California Consumer Privacy Act (CCPA) regulations will take effect. These regulations were originally slated to take effect in 2023, but a court ruling (that is being appealed)...more

Ballard Spahr LLP

Washington state “predatory loan” bills propose expanded coverage, “anti-evasion” language, licensing revisions, and other...

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House Bill 1874 (H.B. 1874), denominated the “predatory loan prevention act”, was pre-filed for introduction in the Washington state legislature December 5, 2023, and referred to the House Committee on Consumer Protection and...more

Buchalter

New Year, New Employment Laws in the Pacific Northwest

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It is a new year, which means new employment laws for employers in the Pacific Northwest. The following is a brief overview of significant new laws and changes for Washington and Oregon employers (all effective January 1,...more

Perkins Coie

New Paid Sick Leave and Minimum Wage Laws in Washington State Effective January 1

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Multiple new laws will take effect in Washington state beginning January 2024, bringing changes to the state’s minimum wage laws and adding requirements under the state’s Paid Sick Leave Law. ...more

Perkins Coie

New Washington Law Protects Job Applicants’ Off-Duty Marijuana Use

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Beginning in 2024, both Washington and California will prohibit employers from basing hiring decisions on an applicant’s legal marijuana use. What Is Prohibited? Effective January 1, 2024, employers are prohibited...more

Schwabe, Williamson & Wyatt PC

Exploring the Implications of the 2023 Pregnant Workers Fairness Act

The Pregnant Workers Fairness Act (“PWFA”) was passed as part of the December 29, 2022 Consolidated Appropriations Act, a new federal law that went into effect on June 27, 2023. This federal legislation requires covered...more

Perkins Coie

Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

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The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived...more

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