Washington State has long required employers to allow employees to inspect their own personnel files, but the relevant statutes previously did not define what qualifies as a “personnel file” nor provide clear timelines for providing it. Washington State recently amended
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Who’s the Boss? Understanding Joint Employment Under the NLRA
Our story begins like this: Your business is notified of a National Labor Relations Board (“NLRB”) Unfair Labor Practice Charge (the “Charge”). You’re about to email your lawyer when—here’s the twist—you learn your company is one of two named in
One Standard to Rule Them All: Supreme Court Strikes Down Higher Bar for Majority Plaintiffs
Introduction
On June 5, 2025, the U.S. Supreme Court issued a unanimous decision in Ames v. Ohio Department of Youth Service that fundamentally altered how reverse discrimination claims are assessed under Title VII of the Civil Rights Act of 1964
AI on Trial: Implications of the Workday Lawsuit for Automated Hiring
Artificial intelligence continues revolutionizing HR and talent acquisition, promising efficiency and scalability in hiring processes. However, as a recent lawsuit against Workday shows, automation does not absolve employers or their vendors of compliance with anti-discrimination laws.
In Mobley v. Workday,
Start the Clock: Start the Clock—The Case for Including Contractual Limitations Periods in Employment Agreements.
Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in their employment applications and agreements. Those
ACA Reporting Update: Some Relief and Process Streamlining for Employers
Applicable large employers (“ALEs”) are subject to reporting requirements under the Affordable Care Act (the “ACA”). To comply with the reporting requirements, an ALE must file a Form 1095-C with the IRS reporting certain information about the ALE’s offer of
Should You Use a Performance Improvement Plan?
A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach within a specific timeframe.
While PIPs sound good in
If the Deadline for Self-Correcting Retirement Plan Errors Is Indefinite, Why Do I Have to Hurry?
Section 305 of SECURE 2.0 added rules for self-correcting a new category of retirement plan errors under the Employee Plans Compliance Resolution System (“ECPRS”). Specifically, Section 305 allows an “eligible inadvertent failure” to be self-corrected at any time, even if
Both Employers and Participants Benefit from New IRS Guidance on Correcting Inadvertent Benefit Overpayments
Retirement plan administration mistakes require difficult conversations with participants, especially when the mistake involves an overpayment. Changes in the law, specifically, SECURE 2.0 and IRS Notice 2024-77, give plan fiduciaries additional flexibility when addressing overpayments.
Overpayment of Matching Contributions
Consider
Employer-Provided Gifts: Taxable or Not?
As we approach the holiday season, many employers consider giving employees a gift as a token of appreciation. What employers may not consider is whether those gifts create taxable income to employees.
Although gifts are generally not taxable to the