The Foundry Law Blog

New Washington Law Limits Use of Certain Nondisclosure and Nondisparagement Provisions in Employment Agreements

  Washington Governor Jay Inslee signed into law the Silenced No More Act on March 24, 2022. The new law places specific restrictions in the way employers use nondisclosure and nondisparagement provisions in employment agreements and independent contractor agreements. In light of Governor Inslee’s recent signing, employers with Washington employees should revise their employment agreements […]

California Gig Worker Law Prop 22 Overview

On November 3, 2020, California voters passed ballot initiative Proposition 22, the so-called California gig worker law, which, effective January 1, 2021, will exempt app-based transportation and delivery companies such as Uber, Lyft, and Door Dash from providing employee benefits to certain drivers. At the same time, Proposition 22 will enact certain wage and labor […]

Non-Compete Changes in Washington State Signed Into Law

You Can’t Do That: Changing Tides in Washington Non-Compete Agreements   Non-compete clauses are commonplace in many agreements. Generally, non-compete clauses limit an individual’s ability to compete with an employer’s business while working for the employer or after ending the working relationship. With a growing economy, cities like Seattle rely on attracting top talent. Since most […]

Work For Hire vs. Assignment of Work Product

FOR EDUCATIONAL USE ONLY This table does not constitute legal advice – if you have questions, please contact info@mksinghlaw.com Work-For-Hire Assignment of Work Product Defined by the United States Copyright Act of 1976 ((17 U.S.C. § 101)) as:1) a work prepared by an employee within the scope of his or her employment; OR2) a work […]

Does your Intern qualify as an unpaid intern?

According to a recent article by the New York Times, unpaid internships are proliferating. Given the continuing uncertainty of the economy, this shouldn’t come as a great surprise – it’s hard to beat the allure of free labor. However, employers need to be wary about how they structure any offered internships; otherwise, they could run […]

Workers Compensation for Business Owners

The University of Washington Business and Economic Development Center is currently offering a business certificate program for local business owners. I enrolled in the program and although I do have a business background I have found it very valuable.  Last week the instructors were from the Department of Labor and Industries. They spoke in great […]

Reclassifying an Independent Contractor into an Employee

As we all know well, Independent contractors (ICs) must pay their own state and federal income taxes, and with employees an employer has to collect federal taxes and pay part of the Social Security and Medicare taxes. As a result, a number of business owners prefer to hire Independent Contractors. However, there exists a fine […]

Is the person working for you really a disguised Employee?

Hiring Independent Contractors are a great way to get the additional help you need without having to worry about withholding taxes. Its also a good way to find out if the person you’ve hired to work for you is the right fit. However, the question that arises in the Employer/Independent Contractor scenario is whether the […]