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Cairncross & Hempelmann

Ninth Circuit Validates USDOL Tip Pool Rules

In a surprising decision, on Tuesday, February 23, 2016, the United States Court of Appeals for the Ninth Circuit validated the 2011 Rule by the United States Department of Labor (DOL) prohibiting tip pooling programs that include “back of the house” employees and other workers who are not customarily and regularly tipped (e.g., cooks, dishwashers).

Cairncross & Hempelmann

Noncompete Agreements Becoming Obsolete?

The state House of Representatives may soon send noncompete agreements down the way of the dodo bird . . . toward extinction.

Cairncross & Hempelmann

It’s an “Economic Reality”: Your Independent Contractors May Actually Be Employees

The federal Department of Labor (“DOL”), the agency charged with enforcing the Fair Labor Standards Act (“FLSA”), recently published an Administrative Interpretation clarifying the test businesses must apply to determine whether workers are properly classified as independent contractors or if they are, in fact, employees.

Cairncross & Hempelmann

I Dream of Shiro, But Will Not Let Him Compete with Me

Shiro Kashiba, founder and former executive chef of Shiro’s Sushi Restaurant, filed a declaratory action in King County Superior Court on May 27, 2014, to prevent the restaurant’s current owners from extending a non-compete provision against him.

Cairncross & Hempelmann

You Are Not Your Employees’ “Friend”: New Washington Law Restricts Employer Access to Employees’ Social Media Activity

Are you curious about what your employees, or applicants for employment, might be saying or doing on Facebook and other social media sites?

Cairncross & Hempelmann

Ain’t Misclassifyin’: Independent Contractor Designations Now Subject to Tougher Wage/Hour Analysis

Recent changes in Washington law have made it even more difficult for employers to establish that a worker is properly classified as an independent contractor.  If your …

Cairncross & Hempelmann

Portland Pondering Paid Sick Leave Proposal

Following the footsteps of San Francisco and Seattle, the Portland City Council may soon require employers within the Portland city limits to provide employees with paid sick leave.

Cairncross & Hempelmann

Time is Running Out! Your Checklist to Prepare for Seattle’s New Sick/Safe Leave Ordinance

Starting September 1, 2012, all businesses with employees who perform work in the Seattle city limits must comply with the Seattle Sick/Safe Leave Ordinance. If you haven’t reviewed your current sick leave policy to ensure it complies, or created a policy if necessary, now is the time.