Quarterly HR Update – March 2025

We continue to monitor the latest legal updates, and while the landscape remains active, there is less to report this quarter than in recent quarters. We also recognize that actions by the current administration continue to shape the workplace. Before delving into our usual legal updates, we’d like to share our perspectives on fairness and equal opportunity in the workplace, especially in light of the recent challenges facing DEI initiatives.

Fairness & Equal Opportunity in the Workplace

Recent Executive Orders have targeted Diversity, Equity and Inclusion (DEI) Programs causing some employers to feel uncertain about how or if their DEI efforts need to be adjusted. As we stated in our recent article, if the Program is lawful, inclusive, does not exclude or divide based on race or sex, and does not violate Federal civil rights laws, it should be fine. 

And, one thing remains very clear: the Executive Orders do not alter the protections against discrimination that are guaranteed by Title VII.

Title VII of the Civil Rights Act of 1964 has been the cornerstone of U.S. employment law since it’s enactment. It proudly prohibits discrimination based on race, color, religion, sex, and national origin. Its primary and foundational focus is to ensure fairness and equal opportunity in hiring, promotions, and other employment practices. DEI might sometimes feel like a buzzword, but at its core, it’s about ensuring that all employees have equal access to opportunities and a fair environment in which to thrive, which is exactly what Title VII is grounded in. All employers must still operate their businesses with equal opportunity employment at the forefront. In practice, that means:

• Fair Policies: establish Equal Employment Opportunity and Anti-Discrimination/Harassment Policies, ensuring they are embedded in the culture of the workplace, not just printed in the Employee Handbook.
• Training: conduct training for managers, and employees, on Harassment & Discrimination Prevention, Unconscious Bias, Fair Interviews, and other areas that help ensure fairness.
• Hiring Practices: adopt fair and inclusive hiring practices, based off the merits of one’s skills, experience, and performance.
• Outreach Efforts: ensure outreach and posting efforts are attracting a fair and diverse group, one that will enrich the pool and provide the best candidates possible.
• Supportive Programs: provide cross-training, job shadowing, employee support groups, mentorship programs and internships to better support employees who may not yet have the skills or experience needed to advance toward a position.
• Job Descriptions: review job descriptions to remove degree and/or experience requirements that are not truly required for the job.
• Equal Pay: provide equal pay, benefits, and promotional opportunities for equal work; assess pay gaps between employees performing similar jobs.
• Complaint Procedures & Resolutions: establish procedures that outline steps an employee can take to submit a complaint or report inappropriate behavior; properly address behavior that needs correction.
• Work Culture: promote work-life balance as a benefit to overall employee well-being; provide flexible hours, remote work options, and paid leave, whenever possible, to help reduce aspects of work life that can disproportionately impact women and economically disadvantaged employees.
• Interactive Discussions: engage in interactive discussions with employees who need accommodation for disabilities, safety, or religious reasons.

Title VII is here to stay. Let’s continue creating fair and inclusive workplaces – it’s a benefit to everyone.

Legal Updates & Info

Please note this is a summary of upcoming changes and not an all-inclusive overview.

Under Federal Law…

Executive Orders: The new administration has been active since taking office. In January we shared some information regarding two Executive Orders to give our insights on their impact to Affirmative Action Plans, Diversity Equity and Inclusion programs/efforts, and I-9 compliance. If you missed it, check it out here. We will continue to keep an eye on these topics.

Technical Assistance from EEOC and DOJ regarding DEI: To help both employers and employees, the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) prepared two new documents related to DEI initiatives: What You Should Know About DEI-Related Discrimination at Work and What To Do If You Experience Discrimination Related to DEI at Work. Both guidance documents reinforce Title VII protections and anti-discrimination laws, outlining a wealth of information in a Q and A format.

OSHA Posting: For employers required to do so, the deadlines for internal OSHA posting and online submission were required back in February and March, respectively. A friendly reminder that internal OSHA postings can be removed from company bulletin boards as of May 1, 2025, and filed internally.

EEO-1 Reporting: Last March we were able to share the filing deadline for 2023 EEO-1 reports, since the deadline had been announced. As of the publication date of this article, the EEOC has not announced the 2025 deadline for the 2024 EEO-1 reports. When the deadline is announced, we will share it. And, as a reminder, EEO-1 reports must be filed by employers with 100 or more employees, and certain government contractors. 

Under Washington Law…

Moonlighting: We are not referring to the TV show from the 1980s, rather “moonlighting” in reference to someone holding a second job in addition to their regular or primary job. Without providing too many details, the Washington Supreme Court declared a ruling on January 23rd that will effectively make it easier for employees (who make less than $33.32 per hour) to obtain additional employment, even with a competitor. If you prohibit employees from holding second jobs, we encourage you to review your policy. This recent article from Fisher Phillips provides more detail. 

City-Specific Minimum Wage Changes: A few cities in Washington have mid-year minimum wage changes for 2025, as reported by the Local Minimum Wage Rates page on the L&I website. Here’s what we know:

• City of Bellingham, WA: Effective May 1, 2025, for all employers, minimum wage will increase to $18.66 per hour.
• City of Everett, WA: Effective July 1, 2025, for employers with more than 500 employees in Washington, minimum wage will increase to $20.24 per hour. For employers with between 15 and 500 employees, the minimum wage will increase to $18.24 per hour.  
• City of Renton, WA: Effective July 1, 2025, employers with 15 to 500 employees, minimum wage will increase to $19.90 per hour. (Note, for employers with 501 employees, the current minimum wage is $20.90 per hour and will remain that amount). 

Under California Law…

Pay Data Reporting: As enforced by the California Civil Rights Department “California law requires private employers of 100 or more employees and/or 100 or more workers hired through labor contractors to annually report pay, demographic, and other workforce data to the Civil Rights Department (CRD).” This is a friendly reminder for our payroll partners, the California Pay Data Reports for 2024 are due by May 14, 2025. More information can be found here.

Under Oregon Law…

Salary Threshold Increase for Non-Competes: Looking only at the salary threshold, for a noncompetition agreement to be enforceable in 2025 in Oregon, the salary must be at least $116,427. This covers the total amount of annual gross salary and commissions at the time of separation. As a reminder, to be enforceable, there are additional requirements necessary beyond the salary threshold including notification deadlines, terms, and the existence of a “protectable interest.” If you are utilizing noncompetition agreements, please be sure the full requirements are being met.

In Other States…

While our Update traditionally focuses on laws and news in Washington, Oregon, California and the federal level, we came across an interesting update in New York that we wanted to share. 

NY Expands Workers’ Compensation Coverage: Effective January 1, 2025, employees in New York may be eligible for workers compensation benefits for certain types of mental health injuries related to “extraordinary” work-related stress. This is a considerable expansion of potential workers’ compensation benefits related to mental health, which has been restricted to first responders dealing with post-traumatic stress disorder due to work on the job. As this Littler article explains, “Under the new legislation, an employee may soon seek a stress claim based on the usual irritations attributable to working in that position assuming that the stress is shown to be extraordinary. In other words, the cause of the employee’s stress will not be the impediment to the claim, but rather the degree and type of stress suffered.” We wonder if other states will follow New York’s lead. We’ll keep an eye out and report back!

HRT Northwest: Your Northwest HR Team

Seattle: (253) 642-7372 |  info@hrtnorthwest.com

This Update is not a full overview of all recent legal changes. HRT Northwest is staffed by professionals in the field of Human Resources and business management. We are glad to help with your HR needs; however, we do not offer legal advice and our services are not a substitute for the help of a qualified attorney.