Compliance Stuff

In  Lomibao v. AGC Biologics, Inc. , No. 25-cv-00361 (February 5, 2026), the U.S. District Court for the Western District of Washington ruled that a f ormer employee’s Fair Labor Standards Act (FLSA) claims were validly released through a private separation agreement executed at the time of his employment termination. Central to the court’s holding was its rejection of the plaintiff’s argument that FLSA rights can never be waived by contract—a question that has divided federal courts and has significant implications for employers using severance agreements to resolve potential wage-and-hour claims. 0:00 7:30 Quick Hits The U.S. District Court for the Western District of Washington recently granted summary judgment to an employer, holding that the plaintiff’s FLSA and Washington state wage claims were barred by a valid separation agreement and release . The court rejected the argument that FLSA rights can never be waived by contract, finding no binding authority or statutory text t...

  As 2026 approaches, employers may want to assess the following wage-and-hour compliance issues: rising salary thresholds for overtime exemptions, widening gaps between federal and state minimum wage amounts, and increasingly complex state-specific duties tests and exemption standards. Each can present operational risk if job classifications and pay practices are not carefully aligned with both the Fair Labor Standards Act (FLSA) and stricter state laws. Employers can benefit from ensuring they have updated pay rates and job descriptions to align with the new and changing standards explained below. Quick Hits Employers may want to prepare for 2026 by mapping exempt roles in Alaska, California, Maine, New York, and Washington to new salary thresholds and implementing adjustments aligned with effective dates. To avoid salary compression, employers may want to reconcile pay bands in the thirty-one states with higher minimum wages than federal law and ensure that any threshold multipl...

Biometric technologies—such as fingerprint scanners, facial recognition systems, and retina scans—are now commonplace in modern business operations. From employee timekeeping systems to facility security and customer-facing applications, these tools offer efficiency and convenience for many businesses. But these same conveniences have sparked backlash in the form of privacy litigation. In Illinois especially, companies are facing a surge of class-action lawsuits under the state’s  Biometric Information Privacy Act (“BIPA”) , a pioneering law that imposes strict requirements on the use of biometric data and hefty penalties for companies failing to adhere to the law. This trend is not confined to Illinois: a growing patchwork of similar laws in other states means that using biometrics without proper safeguards can expose companies nationwide to significant statutory damages and legal risks. Illinois BIPA: A Trailblazer with Teeth Illinois’ BIPA, enacted in 2008, was the first U.S. la...

Washington lawmakers were busy this year, and a wave of new laws will have a major impact on the workplace. Employers must be aware of significant workplace laws taking effect within the next year, including 11 new laws that kicked in this month. Nearly all add more compliance requirements to your plate, and the changes even ramp up the penalties for failures to comply. Here’s a quick guide to help you keep track of it all and prepare for the changes. 11 New Washington Workplace Laws Taking Effect in July 2025 Effective July 1, 2025 Major Expansion of the Equal Pay and Opportunities Act ( HB 1905 - 2024 ).  Washington’s pay transparency law adds age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, and honorably discharged veteran or military status. It also includes the presence of sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability to the gen...