Kelby Fletcher Presents "Observations and Recent Appellate Developments in Washington State Employment Law"

Related Practice: Employment

On Thursday, April 13, 2023, Kelby Fletcher, Senior Counsel at Stokes Lawrence, presented “Observations and Recent Appellate Developments in Washington State Employment Law” to the Washington State Bar Association Labor and Employment Law Section.

Kelby’s supporting materials for “Observations and Recent Appellate Developments in Washington State Employment Law” can be viewed in full here and contains the following observations and Washington Supreme Court cases.

OBSERVATIONS

A. The Constitutionalization of Employment Law in Washington

B. SCOTUS and its 2022 arbitration decisions: They matter.

II. WASHINGTON SUPREME COURT

A.      Burgess v. Lithia Motors, Inc., 196 Wn.2d 187, 471 P.3d 201 (2020), Arbitration; judicial review of arbitrator interim ruling.

B. Burnett v. Pagliacci Pizza, Inc., 196 Wn.2d 38, 470 P.3d 486 (2020), Arbitration; employee handbook, formation of contract; unconscionability, burden of proof.

C. Washington Food Industry Ass’n v City of Seattle, __Wn.2d ___, 524 P.3d 181 (Feb. 4, 2023) Gig work, premium pay; police powers, constitutionality

D. Washington State Council of County and City Employees v. City of Spokane, 200 Wn.2d 678, 520 P.3d 991 (Dec. 8, 2022) Collective bargaining, public meeting, preemption

E. Dep’t of Labor and Industries v. Tradesman Int’l, LLC and Laborworks Industrial Staffing Specialists, Inc., 198 Wn.2d 524, 497 P.3d 353 (2021) WISHA, Staffing Agency employee; liability for violation, economic realities

F. Glacier Northwest, Inc. v. Int'l Brotherhood of Teamsters, Local 174, 198 Wn.2d 768, 500 P.3d 119 (2021), cert. granted, 143 S. Ct. 82 (No. 21-1449 Nov. 3, 2022) Tort action, NLRA, pre-emption, concerted activity

G. Associated General Contractors v. State, 200 Wn.2d 396, 518 P.3d 639 (2022), Prevailing Wage, determination, proper legislative delegation.

H. Woods v. Seattle’s Union Gospel Mission, 197 Wn.2d 231, 481 P.3d 1060 (2021), cert. denied, 142 S.Ct. 1094 (2022) (and see statement of Alito, J. at id.), RCW 49.60.040(n) Exemption for religious non-profits; ministerial exception

III. WASHINGTON COURT OF APPEALS  

A.      Johnson v. Silver Shores MHP, LLC, 20 Wn. App. 2d 1004, 2021 WL 5298596 (Nov. 15, 2021) (unpublished). Arbitration, Minimum Wage Act, one year limitation

B. Berman v. Tierra Real Estate Group, 23 Wn. App. 2d 387, 515 P.3d 1004 (2022) Arbitration, waiver

C. Oakley v. Domino’s Pizza LLC, 23 Wn. App. 2d 218, 516 P.3d 1287 (2022), review denied, 200 Wn.2d 1028 (2023) Arbitration, transportation worker exemption

D. American Federation of Teachers v. Public Employment Relations Commission, 18 Wn. App. 2d 914, 493 P.3d 1212 (2021) Public employment, refusal to bargain, deferral and arbitration

E. Cornelius v. Kappa Alpha Lambda, 19 Wn. App. 2d 862, 502 P.3d 210 (2021) Arbitration, contract, meaningful choice.

F. Drummond v. Bonaventure of Lacey LLC, 20 Wn. App. 2d 455, 500 P.3d 198 (2021) Arbitration, jury trial, essential right.

G. Shepler v Terry’s Truck Ctr, __ Wn. App. 2d __,522 P.3d 126 (2022) Mandatory Arbitration, Notice of Appeal, signature of party.

H. City of Seattle v. Seattle Police Officers’ Guild, 17 Wn. App. 2d 21, 484 P.3d 485 (2021), review denied, 198 Wn.2d 1004 (2021) Arbitration, public policy; vacation of award.

I. Robertson v. Valley Communications Center, 18 Wn. App. 2d 122, 490 P.3d 230 (2021), review denied, 501 P.3d 139 (2022) Wage and hour. Preparatory tasks; Evidence, expert survey if workers, exclusion

J. Hassan v. GCA Production Services, Inc., 17 Wn. App. 2d 625, 487 P.3d 203 (2021), review denied, 198 Wn.2d 1018 (2022) Minimum wage; definition of transportation employer

K. Port of Tacoma v. Sacks, 19 Wn. App. 2d 295, 495 P.3d 866 (2021), Public employment, travel time as work

L. Sherry v. Employment Security Dep't, 19 Wn. App. 2d 952, 498 P.3d 580 (2021) Unemployment compensation, voluntary quit

M. Crabtree v. Jefferson County Hosp. Dist No. 2, 20 Wn. App. 2d 493, 500 P. 3d 203 (2021) WLAD, Sex discrimination, prima facie case, pretext

N. Saurez v. State of Washington, 23 Wn. App. 2d 609, 517 P.3d 474 (2022), review granted, 200 Wn.2d 1026 (2023) WLAD, religious discrimination, accommodation

O. Elgiadi v. Washington State University, 24 Wn. App. 2d 261, 519 P.3d 939 (2022), review denied (No. 1015259 April 5, 2023) WLAD, settlement, no re-hire clause

P. Williams Department of Social & Health Services, ___ Wn. App. 2d ___, 524 P.3d 658 (Feb. 24, 2023). WLAD, race/age discrimination, CR50, CR43

Q. State Dep’t of Corrections v. Barnett, ___ Wn. App. 2d ___, 522 P.3d 52 (2022) Public employment, PRB, writ of review

R. Cronin v. Central Valley S.D. 23 Wn. App. 2d 714, 520 P.3d 999 (2022) Public employment, school teacher, non-renewal of contract

S. Reeves v. Mason County, 22 Wn. App. 2d 99 , 509 P.3d 859 (2022) Public employment, whistleblower, attorneys fees, through RCW 49.48.030

Kelby Fletcher is Senior Counsel at Stokes Lawrence, P.S., and a member of its Employment Group. His practice consists of counseling individuals and representation in transactions and litigation. He was a member and past chair of the Amicus Committee of the Washington State Association for Justice Foundation and a past member and Chair of the Executive Committee of the WSBA Labor and Employment Law Section. He has been honored by his colleagues to be a Washington “Super Lawyer.” He is a Fellow of the College of Labor and Employment Lawyers. He is a retired notary—with no regrets.