Perkins Coie

Washington Supreme Court Grants Overtime Protections to Dairy Workers Under the State Constitution

In a 5-4 decision, a divided Washington Supreme Court ruled that dairy workers are entitled to overtime pay under Washington law if they work more than 40 hours a week, nullifying an exemption to the Washington Minimum Wage Act’s overtime requirement as applied to dairy workers.

Closing the Clean Water Gap: Arizona DEQ Proposes State Protected Surface Waters Program

The Arizona Department of Environmental Quality, on November 6, 2020, introduced a proposed Protected Surface Water Program, which would regulate certain state surface waters that are newly excluded from the regulatory scope of the federal Clean Water Act.

DOL Issues Guidance Regarding Travel Time Compensability for Nonexempt Foremen and Laborers

The U.S. Department of Labor published an opinion letter, FLSA 2020-16, considering whether the travel time of foremen and laborers is compensable in three different scenarios.

DOL Issues Clarification Regarding Compensability for Voluntary Training/Continuing Education

The U.S. Department of Labor recently published an opinion letter explaining compensability under the Fair Labor Standards Act of time spent in voluntary continuing education programs.

What to Expect From the Biden FCC

What can we expect from the Federal Communications Commission from the incoming administration of President-elect Biden?

New Administration Will Bring Big Changes to the Department of Labor

Joe Biden’s victory in the presidential election will lead to major changes at the U.S. Department of Labor. Those changes will greatly affect wage-and-hour, health and safety, and civil rights policy and enforcement. The following update looks at changes employers may expect. 

NLRB Provides Employers with New Manual Election Standards

Employers facing union representation elections have spent the pandemic trying to satisfy the National Labor Relations Board’s (Board) requirements to hold a manual, ballot box election, only to be refused in the vast majority of cases. Once the rare exception to the rule, mail-ballot elections have become the norm since April 2020. While the Board has attempted to set definitive requirements for an employer to obtain a manual election, its regional directors have generally denied all requests. On November 9, 2020, the Board issued a decision clarifying its position regarding how determinations regarding mail-ballot elections should be made. In the Aspirus Keweenaw and Michigan Nurses Association decision, the Board established “six situations that suggest the propriety of mail ballots due to the COVID-19 pandemic.” 18-RC-263185, 370 NLRB No. 45 (2020). We discuss below the Board’s prior attempts to address the COVID-19 pandemic, reasons why employers should be wary of mail-ballot elections, and this decision’s impacts on employers.

SEC Makes it Easier to Fundraise—Streamlines Exempt Offering Rules

The U.S. Securities and Exchange Commission (SEC) recently announced that it adopted final rules to simplify the “patchwork” framework for exempt offerings under the Securities Act of 1933. These amendments generally follow the SEC’s

EPA’s Online Guidance Database—A Makeover for the Agency’s Guidance Documents

 In this update, we discuss the impetus for the new rule, what the rule aims to accomplish, and potential implications for the regulated community, environmental groups, and others who may be affected by the new rule.

Perkins Coie Congratulates Bobbie Wilson, Recipient of Women, Influence & Power in Law’s Innovative Leader Award

This Holiday Season, Don’t Open Pandora’s Box!

For retailers, the holiday season is indeed the “most wonderful time of the year.” But with additional stock and sales to handle, retailers also typically need to increase staffing and hours for employees, which can create risk on the employment law front.

Washington Developing Streamlined Solar Project Permitting Process

The Washington Energy Facility Site Evaluation Council (EFSEC) continues its work on a streamlined process for permitting solar energy facilities.