Author: Martin Kreshon
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What Washington’s Montes Decision Means for False-Discount Pricing Claims
The Washington Supreme Court ruled that a false “sale” price alone does not constitute “business or property” injury under the state’s Consumer Protection Act (CPA) if the item is worth what the consumer paid. Key takeaway: The decision likely narrows some Washington false-discount cases, but it is not a green light for careless pricing. Businesses…
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Washington Expands Background Check Protections for Workers with Criminal Records
Washington’s Fair Chance Act has limited when employers can ask about criminal history (i.e., conduct background checks) since 2018. But 2025 amendments to the law go further. Enacted as EHB 1747, the changes do not replace the original law so much as expand it: the earlier statute focused mainly on when employers could seek criminal-record…
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Insights into the 2025 Deal Points Study: Navigating Baskets and the Ubiquity of Materiality Scrapes
Risk allocation in mergers & acquisitions (M&A) isn’t just about how long a buyer has to make a claim, but how much loss must occur before a claim is valid. The 2025 ABA Study provides critical data on “baskets”—the minimum loss threshold—and the “materiality scrape,” a provision that significantly lowers the buyer’s burden of proof.…
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Regulatory Shift: DOL Proposes New Standards for Independent Contractor Classification
On February 26, 2026, the Department of Labor (DOL) introduced a Proposed Rule aimed at redefining the boundaries between employees and independent contractors. This update marks a pivot away from current standards, moving toward a framework that mirrors the 2021 “employer-friendly” guidelines. Notably, the DOL intends to apply this classification logic not just to the…
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Ninth Circuit Upholds Religious Hiring Preferences
The Ninth Circuit Court of Appeals recently bolstered the legal standing of religious employers in Union Gospel Mission of Yakima v. Brown. Interpreting the Washington Law Against Discrimination (WLAD), the court upheld a preliminary injunction that prevents the state from penalizing the Mission for its faith-based hiring preferences. This decision continues a broader judicial trend…
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Understanding Washington’s Tax Penalties and How the Voluntary Disclosure Program Can Help
Operating a business in Washington comes with many responsibilities, and staying on top of state tax obligations is one of the most critical. However, many business owners—especially those operating from out of state or just starting out—may unknowingly overlook certain tax requirements. Ignoring these obligations can lead to significant financial penalties. The good news? The…
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Navigating the AI Landscape: Employer Update
AI landscape has shifted from a “wild west” of innovation to a high-stakes arena of regulation and litigation. Organizations are currently navigating a complex patchwork of state-level mandates — particularly regarding employment — while simultaneously adjusting to the Trump Administration’s December 2025 Executive Order on AI. This federal push aims to establish a national framework…
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New reporting classifications for Service and Other Activities B&O
Effective Jan. 1, 2026, the following Service and Other Activities B&O tax classifications have been renamed as follows: Please note: If you previously reported under the combined Service & Other Activities and/or Gambling Contests of Chance (less than $50,000 a year) B&O tax classification and you have gross income from gambling activities less than $50,000 per year, you must begin…
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LLC vs. PLLC in Washington: A Guide for Professionals
If you are an architect, doctor, dentist, lawyer, or accountant looking to hang your shingle in Washington, you might hit a roadblock when you go to register your business. You select “Limited Liability Company” (LLC) on the form, only to find out you might actually be required to form a Professional Limited Liability Company, aka…
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Navigating Contractor Liens in Washington
For contractors, subcontractors, and suppliers in Washington, understanding construction lien laws is crucial for ensuring payment for your hard work and materials. These laws, primarily found in RCW Chapter 60.04, provide a powerful tool to secure your right to payment by placing a claim against the improved property. However, the system comes with strict requirements…