Washington Employee Restrictive Covenants

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US-TC0916
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Description

Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.

How to fill out Employee Restrictive Covenants?

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FAQ

Supreme Court rulings and state and federal law make these restrictions illegal to enforce. Property owners have three choices if their property has an unlawful, restrictive covenant associated with it. As of Jan. 1, 2022, real estate transactions will require disclosure of restrictive covenants.

Employees have a right to: Not be harassed or discriminated against (treated less favorably) because of race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, age (40 or older) or genetic information (including family medical history).

With limited exceptions, the state of Washington expressly bars employers from prohibiting an employee earning less than twice the applicable state minimum hourly wage from having an additional job, supplementing their income by working for another employer, working as an independent contractor, or being self-employed.

Moonlighting refers to an employee who works a second job on the side, usually after hours. California law generally protects the rights of workers to moonlight. Under California Labor Code section 96, employers are essentially prohibited from punishing employees who engage in moonlighting in their free time.

However, under a Washington law passed in 2019, which took effect on January 1, 2020, noncompetition agreements can be enforced only against employees who earn $100,000 or more based on an employee's income reported in Box 1 of Internal Revenue Service (IRS) Form W-2 and independent contractors earning more than ...

The law says you are protected when you: Speak up about wages that are owed to you ? Report an injury or a health and safety hazard ? File a claim or complaint with a state agency ? Join together with other workers to ask for changes.

Article I, section 7 of the Washington Constitution provides that ?No person shall be disturbed in his private affairs, or his home invaded, without authority of law.? The Fourth Amendment to the United States Constitution similarly protects the "right of the people to be secure in their persons, houses, papers, and ...

Freedom to moonlight: The new law also affects so-called moonlighting policies, allowing any employee who makes less than twice the minimum wage to hold other jobs, unless the extra work would sap all of their energy or pose a danger to themselves or the public.

Under the OSH law, employers have a responsibility to provide a safe workplace. This is a short summary of key employer responsibilities: Provide a workplace free from serious recognized hazards and comply with standards, rules and regulations issued under the OSH Act.

Normally it's not a problem, you can easily have 2,3 or more jobs at a time. There could be some exceptions if your contact explicitly prohibits that. Also be careful if the other company is a direct competitor, then you could be in a potential trouble.

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Washington Employee Restrictive Covenants