Update: On May 8, 2019, Governor Inslee signed the bill into law. Last week the Washington State Legislature passed a bill that substantially restricts the scope of enforceable non-compete agreements. Under the new rules, non-compete agreements will be unenforceable unless: The employer either (i) discloses terms of the non-compete agreement when making an offer of employment, […]
Helsell
Mandatory Housing Affordability Legislation Passed by Seattle City Council and Signed by Mayor Durkan
On Monday, March 18, 2019, the Seattle City Council passed and adopted legislation which brings widespread zoning changes to 27 designated areas in the city. Mayor Durkan signed the legislation on March 20 and the bill will take effect on April 19. The new zoning updates are designed to increase housing density and affordability in neighborhoods […]
Washington Close to Amending Child Pornography Laws to Address Teen Sexting
Of particular relevance to our public and private educational institutional clients, Washington State is closer to amending its child-pornography laws to consider the impact that technology and child development have on teens and the prosecution of such cases. HB 1742 would decriminalize or lower the penalties for certain types of transmission of teen sexual imagery, […]
Washington State Supreme Court Says Employers are Strictly Liable for Employee Harassment of Customers
The Washington State Supreme Court recently held that, “under the plain language of [Washington Law Against Discrimination], employers are directly liable for the sexual harassment of members of the public by their employees, just as they would be if their employees turned customers away because of their race, religion, or sexual orientation.” Floeting v. Group […]
Secret Sale Can Still Qualify as Prior Art Under America Invents Act
On January 22, 2019, the US Supreme Court decided Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc. , which held that a “secret sale” can still qualify as prior art under the America Invents Act (AIA) even if the third party the invention is sold to is obligated to keep the invention confidential. In other […]
Hearing Examiner Issues Decision in Favor of the City of Seattle Regarding Mandatory Housing Affordability
On Monday, January 7, 2019, the Seattle City Council (“City Council”) began debating a proposed legislation that would allow for construction of larger buildings and the imposition of mandatory affordable housing requirements in twenty-seven (27) neighborhoods and commercial corridors throughout the City of Seattle (the “City”), including Wallingford, Fremont, Beacon Hill, Ravenna, and West Seattle […]
Washington State Supreme Court Issues Decision Strengthening Employee Protections Against Retaliation
On November 29, 2018, in an 8-1 decision, the Washington State Supreme Court revived a four-year-old retaliation lawsuit brought by a former employee (Dawn Cornwell) against Microsoft. As background, Ms. Cornwell had previously settled a gender-discrimination dispute with Microsoft and as part of that settlement the parties agreed that Ms. Cornwell would no longer report […]
Launch of New Washington Paid Family and Medical Leave Program
On January 1, 2019, the new Washington Paid Family and Medical Leave Act (PFML) will go into effect, beginning with premium collection and requirements for reporting to the Employment Security Department (ESD). Employees will not be eligible to start using benefits until January 1, 2020. PFML is a vanguard benefits program and is likely to […]
Former Gates Foundation Employee Awarded $4.9M for Breach of Contract, Promissory Estoppel Claims against Former Employer
What is a broken promise worth? For one former Bill & Melinda Gates Foundation (“Gates Foundation”) employee, it was worth $4.9 million. In October, the Washington State Superior Court for King County held that a former technology executive at the Bill & Melinda Gates Foundation was entitled to $4.9 million in lost compensation damages after […]
What You Should Know About the Proposed Title IX Regulations
By and large, independent schools are not subject to Title IX and its guidance regarding sexual misconduct complaints. However, often our parents have Title IX-like expectations. Under the Obama administration, more aggressive enforcement was the norm and the parent expectation. Education Secretary Betsy DeVos rescinded those guidelines in 2017. On Friday, November 16, 2018, the […]