assignment law washington state

Assignment of Employee Inventions State Laws Chart: Overview | Practical Law

Assignment of Employee Inventions State Laws Chart: Overview

Practical law practice note overview 4-582-6485 (approx. 14 pages).

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Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)

Earlier this year, I wrote a blog post about assigning commercial leases generally. Sometimes, contractual rights or obligations get transferred without an express assignment. This can happen, for example, where a party to the contract gets acquired by someone else, or where the party’s ownership or control changes hands. An entity tenant under a commercial lease might be a corporation which gets bought up by another corporation, or an LLC tenant might have a change in its underlying membership. Such a transfer of rights under a contract occurs “by operation of law” rather than through an express assignment; under such circumstances, the law ordinarily presumes that someone who buys the tenant or acquires control of the tenant naturally acquires and assumes the tenant’s rights and obligations under the lease. We therefore refer to this succession as an assignment “by operation of law.”

But the landlord may not be happy with the new situation for a number of reasons. Perhaps the successor entity does not have the same financial strength as the original tenant; perhaps the new tenant has a different reputation or operates a business which would create an unpleasant or off-putting atmosphere for neighboring commercial tenants; perhaps the landlord has a specific objection to people or personalities who now control the tenant entity.

Sometimes, tenants intentionally structure transactions to avoid triggering the need to obtain the landlord’s consent for the transfer of tenant rights under the commercial lease. The landlord may see this as a de facto assignment which violates the spirit of an anti-assignment provision, while the tenant or successors with new control of the tenant view themselves as absolutely entitled to continue the lease over the landlord’s objection.

Under Washington law, even though they may be valid, lease provisions prohibiting or restricting rights to assignment are strictly construed as they are not favored in the law. Therefore, where the lease is silent regarding assignments by operation of law, and where there is otherwise no breach of the lease agreement, the landlord probably has no right to object to the de facto transfer of rights and may not unilaterally terminate the lease. In other jurisdictions, the majority view is that, “The fact that the members of the entity change, such as when the stockholders at the time the lease is made later transfer their stock, or a partner in the partnership drops out and a new partner replaces him, or the beneficiaries of the trust change, does not constitute an alienation by the landlord or the tenant that is in violation of a restraint on alienation, absent specific language in the restraint provision that covers such change in the nature of the entity involved.” There does not appear to be any Washington case expressly adopting or rejecting this view, but Washington case law on this subject generally appears consistent with this majority view.

All of this is to say that it is critical for parties to a commercial lease to specify when a lease can or cannot be assigned. If the landlord’s willingness to lease is based upon the personal reputation or relationship with key persons associated with an entity tenant, the landlord should carefully take the time to contemplate and negotiate an assignment provision to cover acceptable and unacceptable transfer scenarios.

Whether you are a commercial tenant looking to assign your lease, or you are a landlord being asked to consent to an assignment, the lawyers at Beresford Booth can help. We have extensive experience advising clients on real estate matters.

To learn more about commercial lease assignments, please contact Beresford Booth at [email protected] or by phone at (425) 776-4100 .

BERESFORD BOOTH has made this content available to the general public for informational purposes only. The information on this site is not intended to convey legal opinions or legal advice.

Main Office: 145 3rd Avenue South Edmonds, WA 98020
Bothell Office: 19125 N Creek Pkwy Suite 204 Bothell, WA 98011
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New Requirements for Hospital Staffing (2023 SB 5236)

June 23, 2023.

Download a PDF version of this bulletin

New Law: Hospital Action Required

Purpose The purpose of this bulletin is to inform hospitals of expansive changes to Washington hospital staffing laws pursuant to Engrossed Second Substitute Senate Bill 5236 (E2SSB 5236 ), the compromise bill negotiated and enacted into law during the 2023 legislative session. The enacted law is a result of significant negotiations and involvement in the legislative process.

This legislative compromise was enacted in lieu of mandatory, statewide nurse-to-patient ratio requirements. WSHA’s goal, articulated by our members in negotiating the law, was to maintain access to hospital services across the state. We know from California’s experience with statewide nurse-to-patient ratios that ratios do not increase the nursing workforce and would likely result in reduced access to hospital care. Hospitals must endeavor to comply with both the letter and spirit of these new requirements to demonstrate hospitals’ continued commitment to providing supportive workplace conditions for hospital staff and that this approach is superior to statewide nurse-to-patient ratios.

Applicability/Scope New requirements under this law apply as follows for the following hospital settings:

Recommendations

Review this bulletin, as well as E2SSB 5236 and WSHA’s other compliance resources, to understand the new requirements. WSHA cannot offer legal advice to members and recommends hospitals engage legal, risk, compliance, and human resources leadership as appropriate to evaluate compliance with the new law.
Share this bulletin and other WSHA resources with appropriate hospital colleagues.
Participate in WSHA webinars, task forces, advisory groups, and other educational offerings about implementation of this legislation.
Monitor WSHA communications about the statewide Advisory Committee on Hospital Staffing and WSHA’s Hospital Staffing Law Implementation Task Force. The Advisory Committee will play a key role in the implementation of the new law, including development of forms necessary to comply with the law.
Continue to engage in CARE Initiative activities, such as regular CEO listening sessions and take action on concerns raised by staff. Communicate the actions your hospital takes.

Executive Summary of Select Law Changes

The following is an executive summary of the most significant changes in E2SSB 5236 . Please see Detailed Section-by-Section Summary of Law Changes for a more complete and detailed description of the new requirements in each section of the law and Implementation Timeline of New Requirements for a timeline of effective dates in the law.

Foundation of the law E2SSB 5236 builds on Washington’s nurse staffing committee law passed in 2008 and updated in 2017. The new law changes the names of “nurse staffing committees” to “hospital staffing committees” and “nurse staffing plans” to “hospital staffing plans” (Section 2). It also amends existing laws related to uninterrupted meal and rest breaks for acute care hospital employees (2019) and a prohibition on mandatory overtime for health care facility employees (2002).

Statewide Advisory Committee on Hospital Staffing (Section 1)

This section creates a statewide Advisory Committee on Hospital Staffing to be established by the Department of Health (DOH) in consultation with the Department of Labor and Industries (L&I). This committee will consist of six hospital representatives nominated by WSHA and six labor representatives nominated by unions. The Advisory Committee will be constituted in September 2023 and will continue through July 1, 2030. This committee is tasked with advising the State on important compliance oversight tools, such as the form that hospitals must use to develop hospital staffing plans and compliance reporting forms for uninterrupted meal and rest breaks and hospital staffing plans.

WSHA’s Executive Committee of the Board will select WSHA’s slate of representatives to the Advisory Committee in July 2023. WSHA sought nominations from hospital CEOs through a formal nomination process in May – June 2023.

Changes to hospital staffing committees (Section 3) The following changes are coming to all staffing committees beginning January 1, 2024:

Adds LPNs and CNAs to hospital staffing committees and hospital staffing plans;
Requires use of a uniform form for development of the hospital staffing plan;
Requires development of a charter with eleven specific elements (outlined in the detailed section below);
Requires voting committee members to be exactly 50% management and 50% labor, with CNOs, CFOs, and nurse managers or each of their designees to be included in the management contingent; and
Selection of labor hospital staffing committee members will be according to the collective bargaining representative (union), rather than the collective bargaining agreement as under current law. The law is silent as to how the unions will appoint members in the case of multiple unions representing RNs, LPNs, and CNAs in the hospital. Non-union staff must self-select their labor representatives.

Changes to the process for adopting hospital staffing plans (Section 3) The hospital staffing committee must vote to approve a proposed staffing plan to present to the hospital/CEO. If the hospital/CEO rejects or requests changes to the proposed plan, the committee must have the opportunity to resubmit a revised plan. If the hospital/CEO still rejects the plan, it reverts to either:

The most recently adopted hospital staffing plan that was approved by the committee; or
The 2023 staffing plan.

WSHA recommends that hospital CEOs attend hospital staffing committee meetings when appropriate. Since hospital management will constitute 50% of the committee membership, and representatives of the CNO and CFO must be involved in the committee that is developing and approving the proposed staffing plan, it should be rare when a CEO rejects or requests changes to a proposed staffing plan.

New hospital staffing plan compliance reporting (Section 3) Under current law, hospitals are required to assign nursing staff (CNAs, LPNs, RNs) to each patient care unit in accordance with the adopted staffing plan. This requirement is not changing, except the new law adds an explicit exception for unforeseeable emergent circumstances.

The major change in this section is that beginning July 1, 2025, hospitals must monitor and document their rate of compliance with the existing requirement to assign nursing staff to each patient care unit in accordance with the adopted staffing plan. Hospitals must adopt written policies and procedures on how they will document compliance by October 1, 2024.

Each hospital must document when nursing staff assignment in a patient care unit is out of compliance with the adopted staffing plan for that unit. Out of compliance means the number of patients assigned to the nursing staff exceeds the patient care unit assignment as directed by the hospital staffing plan.

If a hospital is in compliance for less than 80% of the nurse staffing assignments in a month, the hospital must report to DOH within seven calendar days following the end of the month in which the hospital was out of compliance.

The precise definition and calculation of “80% of the nurse staffing assignments in a month” is not outlined in the law. WSHA anticipates the Advisory Committee on Hospital Staffing will have input on the way this requirement is implemented.

Hospitals must report their compliance rate to DOH every six months beginning January 31, 2026. The first report will cover July – December 2025.

Rural hospital exemption : New hospital staffing plan compliance reporting requirements do not apply to acute care hospitals that are:

Certified as critical access hospitals;
Have fewer than 25 acute care licensed beds;
Certified as sole community hospitals and are not owned by a system that owns more than one acute care hospital; or
Island Hospital (previously certified as a Medicare dependent hospital).

Changes to process for complaints about staffing plan variations (Section 3) In addition to the new hospital staffing plan compliance reporting outlined above, E2SSB 5236 continues the existing policy of nursing staff being able to report instances of variations from the hospital staffing plan to hospital staffing committees.

Under current law, DOH cannot investigate these complaints under certain conditions, such as unforeseeable emergent circumstances. The new law changes this process so that DOH must investigate all complaints that have gone unresolved by the hospital staffing committee for more than 60 days, but hospitals cannot be found in violation if the investigation shows:

There were unforeseeable emergent circumstances;
An individual admission of a patient in need of life-saving care transferred from another hospital was the reason for the violation; or
The hospital made reasonable efforts to retain or obtain staff.

New enforcement of hospital staffing plan compliance (Section 4) DOH, in consultation with L&I, must require hospitals to develop and submit for agency approval a corrective action plan within 45 days following either:

Submission of a report indicating the hospital complied with patient care unit staffing assignments in the hospital staffing plan for less than 80% of a month (some rural hospitals exempt as noted above); or
A finding of a violation following an investigation of multiple related complaints related to staffing plan variations or shift-to-shift adjustments that have been unresolved by the staffing committee for more than 60 days (applies to all acute care hospitals).

If a hospital fails to submit or follow a required corrective action plan, L&I may impose a penalty of $50,000 per 30 days until the hospital begins to follow the corrective action plan.

If the hospital follows the corrective action plan but still does not resolve the violation, then the agencies will require the hospital to develop a more stringent corrective action plan.

Changes to uninterrupted meal/rest breaks requirements (Section 8) Section 8 expands application of the uninterrupted meal/rest breaks law to all acute care hospital employees who are involved in direct patient care activities or clinical services and receive an hourly wage or are covered by a collective bargaining agreement.

It also changes the definition of the “clinical circumstances” exemption from this law, so the determination of whether taking the uninterrupted break may lead to a significant adverse effect on the patient’s condition is made by the employee, unless the employer determines the patient may suffer life-threatening adverse effects.

It also allows employees to agree with employers to bundle meal periods and rest periods to take a longer break. If the employee is required to stay on duty during the bundled break, the entire break will be paid. If the employee is released from duty, the portion corresponding to the meal break will be unpaid and the portion corresponding to the rest break will be paid.

New compliance reporting related to uninterrupted meal/rest breaks (Section 8) Beginning in October 2024, most acute care hospitals are required to provide a quarterly report to L&I of the total meal and rest periods missed in violation of this law and the total number of meal and rest breaks required during the previous quarter. Reports are due to L&I 30 calendar days after the conclusion of the calendar quarter (the first report will cover July – September 2024 and are due October 30).

Rural hospital delay: Reports for the following hospitals are not required until July 2026:

New enforcement of compliance with uninterrupted meal/rest breaks (Section 9) If a hospital reports less than 80% compliance with uninterrupted meal/rest breaks in a quarter or fails to report, L&I will first provide technical assistance to the hospital. If after two years of technical assistance the hospitals are still reporting less than 80% compliance, L&I will begin to impose penalties. Beginning July 2026, impose penalties as follows:

CAH or up to 25 licensed beds: Up to $5,000 per quarter of non-compliance
26-99 licensed beds: $10,000 per quarter of non-compliance
100-299 licensed beds: $15,000 per quarter of non-compliance
300+ licensed beds: $20,000 per quarter of non-compliance

These penalties are delayed by two years for hospitals subject to the rural delay. L&I can also impose penalties for retaliation and reporting invalid data (detailed in the Section-by-Section Summary of Law Changes).

Change to mandatory on-call section of the mandatory overtime prohibition law (Section 10) E2SSB 5236 retains current law prohibiting use of mandatory overtime under RCW 49.28.140 , except for one change to use of mandatory prescheduled on-call as an exemption to the prohibition on use of mandatory overtime.

The change is: Mandatory prescheduled on-call time may not be used for nonemergent procedures scheduled to begin at a time when the duration of the procedure is expected to exceed the employee’s regular scheduled hours of work. The exception is when a delay would cause a worse clinical outcome in the judgment of the provider responsible for the nonemergent patient procedure.

New enforcement of the mandatory overtime prohibition law (Sections 11-13) Current law does not provide an administrative remedy for violation of the prohibition on mandatory overtime for health care facilities. E2SSB 5236 creates an administrative remedy that closely follows the process used under the Wage Payment Act. The main difference is that the civil penalties follow the same amounts as under current law:

$1,000 per violation up to three violations;
$2,500 for the fourth violation; and
$5,000 per violation for the fifth and subsequent violations.

Detailed Section-by-Section Summary of Law Changes

The following details each section of the bill in order. The sections are labeled based on the content of that section. The section summaries focus on new law, though current law is noted where it was important to include for context.

Section 1: Statewide Advisory Committee on Hospital Staffing (New section of RCW 43.70 )

Department of Health (DOH), in consultation with Labor and Industries (L&I) must establish an Advisory Committee on Hospital Staffing by September 1, 2023.
Membership will include 6 hospital representatives nominated by WSHA and 6 labor representatives nominated by unions.
Advise DOH on development of a uniform hospital staffing plan form. The committee will meet at least monthly until the form is developed;
Advise L&I on development of a uniform reporting form for meal/rest break compliance;
Consider innovative hospital staffing and care delivery models, including data provided by WSHA;
Review the Washington State Institute for Public Policy (WSIPP) report on ratios, developed under section 15; and
Discuss ending the staffing plan patient assignment compliance carve out for rural and non-system sole community hospitals (SCHs).
L&I and DOH must provide the advisory committee with data about compliance with staffing related laws and information necessary to provide technical assistance.
The advisory committee expires on July 1, 2030.

Section 2: Staffing committee and staffing plan definitions ( RCW 70.41.410 )

These definitions apply to RCW 70.41.420 (Section 3) and RCW 70.41.425 (Section 4).
Changes “nurse staffing committee” to “hospital staffing committee” (further defined in Section 3).
Adds definition of CNA and registered nurse to the list of definitions.
Changes “nursing personnel” to “nursing staff” and adds CNAs to the definition of “nursing staff.”
Adds definition of “patient care staff,” which includes a person providing direct care or supportive services to patients, other than nursing staff, physicians, or ARNPs.
“Reasonable efforts” means that the employer exhausts and documents all of the following but is unable to obtain staffing coverage:

(a) Seeks individuals to consent to work additional time from all available qualified staff who are working;

(b) Contacts qualified employees who have made themselves available to work additional time;

(d) When practical, seeks personnel from a contracted temporary agency when such staffing is permitted by law or an applicable collective bargaining agreement, and when the employer regularly uses a contracted temporary agency.

“Unforeseeable emergent circumstance” means:

(a) Any unforeseen declared national, state, or municipal emergency;

(b) When a hospital disaster plan is activated;

(c) Any unforeseen disaster or other catastrophic event that substantially affects or increases the need for health care services; or

(d) When a hospital is diverting patients to another hospital or hospitals for treatment.

Section 3: Changes to the staffing committee and staffing plan law ( RCW 70.41.420 )

Composition of the Hospital Staffing Committee (Subsections 1-3)

50% of the voting members of the committee will be comprised of nursing staff (RN, LPN, CNAs, nurse techs) who are non-supervisory and non-managerial. They will be selected by their union representatives or their peers if not unionized.
50% of the voting members of the committee will be determined by the hospital administration and must include the CFO, CNO, and unit directors or managers or their designees.
Additional staffing relief must be provided if necessary to ensure committee members are able to attend the meetings.

Development of the Staffing Plan (Subsections 4-5)

The hospital staffing committee must develop the annual patient care unit and shift-based hospital staffing plan, based on the needs of patients, to be used as the primary component of the staffing budget. (Current law)
The hospital staffing committee must use a uniform form for developing the staffing plan, which will be developed by DOH in consultation with the Advisory Committee on Hospital Staffing. The staffing plan form will be important because it will be a major part of the way compliance with the requirement to staff each unit according to the plan is defined.
In development of the staffing plan, the staffing committee must consider patient acuity level, level of experience and training of both nursing and patient care staff, the availability of other patient care staff, and compliance with collective bargaining agreements (CBAs) and relevant laws, such as meal/rest breaks and mandatory overtime.

Approval of the Staffing Plan (Subsection 6)

The staffing committee must produce the annual staffing plan to be submitted to DOH by January 1 of each year (current law). The first hospital staffing plan developed under the new law and its required processes is due January 1, 2025.
The committee must propose a draft annual staffing plan by a majority vote (50%+1).
The draft annual staffing plan must be delivered to the hospital chief executive officer (CEO) for consideration by July 1 of each year (starting in 2024). The law is silent on when the hospital staffing committee should begin to develop the draft annual staffing plan, but WSHA recommends beginning the process several months prior to July.
Identifies elements of the draft staffing plan to which the CEO requests changes and the rationale for the requested changes; and
Provides a status report on implementation of the current staffing plan, including nursing sensitive quality indicators, patient surveys, and recruitment and retention efforts.
If the CEO requests changes, the committee must review the CEO’s feedback prior to approving by a majority vote a revised hospital staffing plan to provide to the CEO.
If the hospital (CEO) does not adopt the revised staffing plan, the most recent of the following staffing plans remains in effect:
The staffing plan that was in effect January 1, 2023; or
The staffing plan last approved by a majority vote of a hospital staffing committee and adopted by the hospital.

Assignment of nursing staff to each patient care unit in accordance with the staffing plan (Subsection 7(a)-(e))

Beginning July 1, 2025, each hospital shall implement the staffing plan and assign nursing staff (CNAs, LPNs, RNs) to each patient care unit in accordance with the plan except in instances of unforeseeable emergent circumstances. (Current law, except the unforeseeable emergent circumstances exception is new here)
WSHA recommends beginning to document compliance January 1, 2025, after the first hospital staffing plan is due to DOH. The hospital must adopt written policies and procedures on how it will document compliance by October 1, 2024.
Beginning July 1, 2025, if a hospital is in compliance for less than 80% of the nurse staffing assignments in a month, within seven calendar days following the end of the month in which the hospital was out of compliance, the hospital must report to DOH.
On a semiannual basis, each hospital must report to the DOH the percentage of nurse staffing assignments where the assignment in a patient care unit is out of compliance with the adopted nurse staffing plan. Reports are due January 31 and July 31 of each year, starting January 31, 2026. January reports cover the previous July – December and July reports cover January – June.
DOH must develop a form for the report by October 1, 2024. The form must include a checkbox for either co-chair of the hospital staffing committee to indicate their belief that the validity of the report should be investigated by DOH.
Complaints about staffing plan assignments: Nursing staff may report complaints to the hospital staffing committee about variations from the nursing staff assignments in the staffing plan or shift-to-shift adjustments, and hospital staffing committees must develop a process to review these complaints (current law). All written complaints must be reviewed by the staffing committee. This provision applies to all acute care hospitals.
See Section 4: Enforcement of staffing committee, staffing plan, and staffing assignment s to learn about new enforcement mechanisms for violations identified through both the compliance reporting and complaint processes described above.

Contingency staffing plan in an emergency (Subsection 7(f))

In the event of an unforeseeable emergent circumstance lasting for 15 days or more, hospital incident command must report to the cochairs of the staffing committee an assessment of the staffing needs arising from the unforeseeable emergent circumstance and the hospital’s plan to address the needs within 30 days and the committee will convene to develop a contingency staffing plan.
Within 90 days of an initial deviation from the plan, the hospital must report the basis for the deviation to DOH and must report again when the hospital has returned to its normal staffing plan.

Assignment to new unit or clinical area (Subsection 7(g))

RNs and CNAs may not be assigned by hospitals to a nursing unit or clinical area unless that nurse has first received orientation and demonstrated competence in that clinical area.
Hospitals must adopt written policies and procedures under this subsection no later than July 1, 2025.

Other changes to current law (Subsections 8-10)

Requires hospitals to post in a public area in each patient care unit any corrective action plan relevant to staffing plan compliance.
Prohibits hospitals from taking any adverse action against an employee for performing duties connected with the staffing committee or reporting staffing concerns.
Adds video conferencing to hospital staffing committee meeting options for critical access hospitals.

Process for filing a staffing committee charter with DOH (Subsections 11 and 12)

The process for electing cochairs and their term limits;
The roles, responsibilities, and processes by which the hospital staffing committee functions;
Schedule for monthly meetings with more frequent meetings as needed that ensures committee members have 30 days’ notice of meetings;
Processes by which all staffing complaints will be reviewed, investigated, and resolved, noting the date received as well as initial, contingent, and final disposition of complaints and corrective action plan as needed;
Processes by which complaints will be resolved within 90 days of receipt, or longer with majority approval;

Note: There is a timing discrepancy in the law here. Section 4(1)(a)(iv)(B) regarding investigations of staffing related complaints states: “The departments may only investigate a complaint under this subsection … that were submitted to the hospital staffing committee and remain unresolved for 60 days after receipt by the hospital staffing committee, excluding complaints determined by the hospital staffing committee to be resolved or dismissed.” Until this discrepancy is resolved, WSHA recommends developing processes by which complaints will be resolved within 60 days of receipt.

Processes for attendance by any employee, and a labor representative if requested by the employee, who is involved in a complaint;
Processes for the committee to conduct quarterly reviews of: Staff turnover rates including new hire turnover rates during first year of employment; anonymized aggregate exit interview data on an annual basis; and hospital plans regarding workforce development;
Standards for hospital staffing committee approval of meeting documentation including meeting minutes, attendance, and actions taken;
Policies for retention of meeting documentation for a minimum of three years and consistent with each hospital’s document retention policies;
Processes for the hospital to provide the hospital staffing committee with information regarding patient complaints involving staffing made to the hospital through the patient grievance process; and
Processes for how the information from the reports required under subsection (7) of this section will be used to inform the development and semiannual review of the staffing plan.
DOH and L&I must provide technical assistance to hospital staffing committees to ensure compliance.

Section 4: Enforcement of staffing committee, staffing plan, and staffing assignments ( RCW 70.41.425 )

Staffing plan complaint investigations (Subsection 1)

Form a hospital staffing committee;
Conduct a semiannual review of a hospital staffing plan;
Submit an annual hospital staffing plan or any revisions; or
Follow the nursing staff assignments in a patient care unit, in violation of RCW 70.41.420 .
Requires DOH, in consultation with L&I, to investigate complaints regarding staffing plan variations or shift-to-shift adjustments. DOH and L&I may only investigate complaints that remain unresolved for 60 days after receipt by the staffing committee.

Note: There is a timing discrepancy in the law here. Section 3(11) on development of a staffing committee charter indicates the charter must include: “Processes by which complaints will be resolved within 90 days of receipt, or longer with majority approval.” Until this discrepancy is resolved, WSHA recommends developing processes by which complaints will be resolved within 60 days of receipt.

In order to be found in violation of staffing plan variations or shift-to-shift adjustments based on nursing staff complaints, DOH and L&I must have determined there were multiple unresolved violations of a similar nature within 30 days prior to DOH receiving the complaint.
If DOH and L&I find the hospital in violation of staffing plan variations or shift-to-shift adjustments based on this pattern of complaints, then DOH will require the hospital to develop and submit a corrective action plan within 45 days of DOH presenting the hospital with its finding of a violation.
The hospital consulted the staffing committee and documents that it made reasonable efforts to obtain and retain staff but was unable to do so; or
Per documentation provided by the hospital, an individual admission of a patient in need of life-saving care received from another hospital caused the staffing plan violation alleged in the complaint.
Either department (DOH or L&I) shall be permitted to investigate and take enforcement action if they learn of violations in the midst of another investigation.

DOH review of staffing plans (Subsection 2)

DOH must review each hospital staffing plan to ensure it is received on time and on the DOH form.
If a hospital does not complete all applicable portions of the form, DOH may determine it was not submitted in a timely manner.

DOH review of semiannual staffing plan compliance forms (Subsection 3)

Received on time;
Completed on the DOH form; and
The checkbox indicating the report may be inaccurate has not been checked.

Staffing related corrective action plans (Subsections 4-5)

Submission of a report indicating the hospital complied with patient care unit staffing assignments in the hospital staffing plan for less than 80% of a month; or
A finding of a violation following an investigation of multiple related complaints related to staffing plan variations or shift-to-shift adjustments that have been unresolved by the staffing committee for more than 60 days.
DOH and L&I must review and approve a hospital’s proposed corrective action plan. If necessary, DOH will require the hospital to revise its corrective action plan to adequately address issues identified by DOH or L&I.
Exercising efforts to obtain additional staff;
Implementing actions to improve staffing plan variation or shift-to-shift adjustment planning;
Delaying the addition of new services or procedure areas;
Requiring minimum staffing standards;
Reducing hospital beds or services; or
Closing the hospital emergency department to ambulance transport, except for patients in need of critical care to sustain their life or prevent disability.
The corrective action plan must be long enough in duration to demonstrate the hospital’s ability to sustain compliance.
If the hospital follows its corrective action plan but remains compliant with its staffing plan for less than 80% of subsequent months, the hospital will be required to submit another corrective action plan.

Civil penalties and fines related to staffing committees and staffing plans (Subsection 6)

If a hospital fails to submit a staffing plan, staffing committee charter, or a corrective action plan by the relevant deadline, DOH may take administrative action with penalties up to $10,000 per 30 days of failure to submit the document.
If a hospital submits but fails to follow a corrective action plan, L&I may impose a civil penalty of $50,000 per 30 days until the hospital begins to follow its corrective action plan.
The hospital may appeal L&I’s findings or imposition of civil penalties following the process outlined in Sections 12-14 of this act, which is similar to the Wage Payment Act appeals process under RCW 49.48.084 .

Public disclosure of staffing information (Subsection 7)

As resources allow, DOH must make records of any civil penalties, administrative actions, license suspensions or revocations, or any notices of resolution related to staffing available to the public.
DOH must post hospital staffing plans, hospital staffing committee charters, and the semi-annual staffing plan compliance reports on its website.

Sections 5-6: DOH and L&I MOU around hospital staffing plan compliance (New sections under RCW 70.41 and RCW 49.12 , respectively)

Staffing plan development, patient care unit nursing staff assignments, and retaliation; and
Investigation of staffing complaints, review and approval of staffing related corrective action plans, and penalties related to staffing plan compliance.
The MOU must, to the extent feasible, provide for oversight and enforcement by a single agency and include measures to avoid multiple citations for the same violation.
The MOU must allow for data sharing related to hospital staffing plans, compliance reports, and hospital staffing committee complaints submitted to DOH.

Section 7: Applicability of acute care hospital administrative actions ( RCW 70.41.130 )

Allows DOH to apply acute care hospital administrative actions to violations arising from L&I findings related to failure to comply with a corrective action plan.

Section 8: Meal and rest breaks ( RCW 49.12.480 )

Expands application of this law to all acute care hospital employees who are involved in direct patient care activities or clinical services and receive an hourly wage or are covered by a collective bargaining agreement.
Changes the definition of the “clinical circumstances” exemption from the uninterrupted meal and rest breaks law, such that the determination of whether taking the uninterrupted break may lead to a significant adverse effect on the patient’s condition is made by the employee, unless the employer determines the patient may suffer life-threatening adverse effects.

The “clinical circumstances” exemption now reads : “Employers must provide employees with uninterrupted meal and rest breaks. This subsection (1)(b) does not apply in the case of: …

(ii) An unforeseeable clinical circumstance, as determined by the employee, that may lead to a significant adverse effect on the patient’s condition, unless the employer or employer’s designee determines that the patient may suffer life-threatening adverse effects”

Allows employees to agree with employers to bundle meal periods and rest periods to take a longer break. If the employee is required to stay on duty during the bundled break, the entire break will be paid. If the employee is released from duty, the portion corresponding to the meal break will be unpaid and the portion corresponding to the rest break will be paid.
Rural delay: Reports for critical access hospitals (CAHs), hospitals with fewer than 25 beds, sole community hospitals (SCHs) that are not part of a system (currently Harbor Regional Health, Samaritan Hospital, Confluence Health, Olympic Medical Center), or Island Hospital are delayed until July 1, 2026.

Section 9: Meal and rest break enforcement (New section under RCW 49.12 )

Enforcement of compliance reporting (Subsections 1-2)

Requires L&I to enforce the meal and rest breaks law, including review of the meal/rest break compliance reports to ensure they are timely, complete, and on the L&I issued form.
If after review of the meal/rest break compliance report, L&I determines a hospital is not 80% compliant and more than 20% of required meal/rest breaks were missed, or the hospital fails to submit the report, L&I must offer technical assistance through June 30, 2026.
For hospitals certified as critical access hospitals, or with up to 25 licensed beds: $5,000;
For hospitals with 26 to 99 licensed beds: $10,000;
For hospitals with 100 to 299 beds: $15,000; and
For hospitals with 300 or more beds: $20,000.
If L&I imposes a penalty in a third consecutive quarter, L&I must double the penalty amounts for subsequent consecutive quarters. A hospital that comes back into compliance for a single quarter is no longer subject to the doubled penalties.
For critical access hospitals (CAHs), hospitals with fewer than 25 beds, sole community hospitals (SCHs) that are not part of a system, (currently Harbor Regional Health, Samaritan Hospital, Confluence Health, Olympic Medical Center), or Island Hospital, penalties are delayed until July 1, 2028.

Prohibition of retaliation (Subsection 3)

Prohibits hospitals from taking or threatening adverse action against employees (retaliation) for exercising meal/rest break rights.
Requires L&I to investigate complaints related to adverse actions against employees.
Impose civil penalties of no more than $1,000 for the hospital’s first violation and no more than $5,000 for any subsequent related violation;
Order appropriate relief to the employee, including any lost earnings due to the adverse action of the employer, plus interest of 1% per month; and/or
Order the hospital to restore the employee to the position held at the time of the adverse action or a similar position.

Prohibition of inappropriate manipulation or modification of data (Subsection 4)

Requires hospitals to provide valid data in compliance reports that have been attested to by the hospital and have not been inappropriately manipulated or modified.
Coercion is defined as “compelling or inducing an employee to engage in conduct which the employee has a legal right to abstain from or to abstain from the conduct which the employee has a legal right to engage in.” (Subsection 7)
Requires L&I to investigate complaints related to invalid data/inappropriate manipulation or modification of data.

L&I investigation and enforcement (Subsection 5)

Permits L&I to investigate and take enforcement action without a complaint if it finds data in the course of another investigation.

Appeal of L&I’s actions under this section (Subsection 6)

Permits hospitals to appeal any of L&I’s actions under this section pursuant to sections 12-14 of this Act.

Section 10: Prohibition on mandatory overtime ( RCW 49.28.140 )

Retains current law prohibiting use of mandatory overtime, except for one change to use of mandatory prescheduled on-call as an exemption to the prohibition on use of mandatory overtime.
Exception: When, in the judgment of the provider responsible for the nonemergent patient procedure, a delay would cause a worse clinical outcome.

Section 11: Mandatory overtime enforcement ( RCW 49.28.150 )

Removes the existing enforcement procedures for RCW 49.28.150 and replaces them with the new enforcement procedures outlines in Sections 12-14 of this act.
This new enforcement procedure is very similar to that of the Wage Payment Act under RCW 49.48.083 .

Section 12: Mandatory overtime enforcement (New chapter in RCW 49.12 )

Prohibits L&I from investigating complaints alleging violations that occurred three years before the date of the complaint.
L&I has 90 days to investigate and issue either a citation and notice of assessment (fine) or a determination of compliance. L&I can extend the period with advanced written notice providing good cause for the extension and specifying its duration.
If L&I’s investigation finds that the allegations cannot be substantiated, L&I will issue a closure letter to both parties. Note: This is a technical drafting error. Where it reads “closure letter,” it was supposed to read “determination of compliance.” We expect to resolve technical errors in the 2024 legislative session next year.
$2,500 for the fourth violation; or
A rule related to RCW 49.28.140 ;
A written order, ruling, approval, opinion, advice, determination, or interpretation of the L&I director; or
An interpretive or administrative policy issued by L&I and filed with the code revisor.
L&I must maintain accurate records of all of the above, for purposes of determining whether the employer is immune from civil penalties.
Permits L&I to waive or reduce a penalty if the L&I director determines the hospital has taken corrective action to resolve the violation.
Requires L&I to deposit all civil penalties in the supplemental pension fund.

Section 13: Appeals of mandatory overtime enforcement actions (New chapter in RCW 49.12 )

An employer or employee aggrieved by a determination by L&I under Section 12 may file an appeal within 30 days of the department’s determination. If not appealed within 30 days, the determination is final and binding.
Once the appeal is filed with L&I, the results of the determination will be stayed pending final review of the L&I director.
The L&I director must assign the hearing to an administrative law judge to conduct the hearing and issue an initial order. The standard of review is de novo.
Any party seeking to challenge the judge’s initial order must file a petition for administrative review with the director of L&I within 30 days of service of the initial order. The director will conduct the administrative review.
The L&I director must issue all final orders after appeal of the initial order. The final order is subject to judicial review.

Implementation Timeline of New Requirements

Review E2SSB 5236 and WSHA educational materials, such as the implementation roadmap and checklists (additional resources coming soon).
Join the informational WSHA Hospital Staffing information list by sending an email of interest with your name, email, hospital, and job title to Marli Diestel ( [email protected] ) to receive updates.
Begin planning for compliance with the new law. This may include reviewing and updating hospital policies related to hospital staffing committees and documentation of compliance with existing laws.
Complete WSHA surveys related to hospital staffing, as we will use them to inform our input into statewide policies around implementation of this law.
Use your existing nurse staffing committee to begin a collaborative process of seating and chartering the new hospital staffing committee.
Follow communications around the statewide Advisory Committee on Hospital Staffing. WSHA does not anticipate new rulemaking to implement this law, but the Advisory Committee will have input into decisions DOH and L&I will make about how to implement and enforce this law.

WSHA’s 2023 New Law Implementation Guide Please visit WSHA’s new law implementation guide online . The Government Affairs team is hard at work preparing resources and information on the high priority bills that passed in 2023 to help members implement the new laws, as well as links to resources such as this bulletin. In addition, you will find the Government Affairs team’s schedule for release of upcoming resources on other laws and additional resources for implementation.

RCW 70.41.410 – Nurse staffing committee – Definitions
RCW 70.41.420 – Nurse staffing committee
RCW 70.41.425 – Nurse staffing – Department investigations
RCW 49.12.480 – Meal and rest breaks for health care facility employees
RCW 49.28.130 – Hours of health care facility employees – Definitions
RCW 49.28.140 – Hours of health care facility employees – Mandatory overtime prohibited – Exceptions
RCW 49.28.150 – Hours of health care facility employees – Penalties

Ashlen Strong

Washington State Hospital Association 999 Third Avenue Suite 1400 Seattle, WA 98104

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assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm.

Section 1 — Mortgage Lending Documents

All documents approved and designed for use by the secondary mortgage market including notes, deeds of trust and riders as they may change from time to time, except regulation "Z." The secondary mortgage market is defined as federally-related institutions such as FNMA, FHLMC and GNMA.

Assignment of Mortgage
Assignment of Reserve Account Funds
Department of Housing and Urban Development Documents

Section 2 — Escrow Documentation

The following forms are created and/or approved by the Limited Practice Board. The number format is:

LPB nn-yy (i, r, or ir) rev. mm.yyyy

nn refers to the form number
yy refers to the year the form was created
i, r, or ir refers to either an individual or representative acknowledgment or both
rev. mm.yyyy refers to the last time the form was revised (month and year)

Each form is available in Word and PDF.

Section 3 – UCC Forms

All UCC filing forms accepted by the Washington State Department of Licensing; www.dol.wa.gov .

Excise Tax Affidavit Forms
Department of Licensing Forms
Auditor’s Cover Sheet
Internally Approved Security Agreement Forms
Consumer Use Tax Return, from the Department of Revenue; www.dor.wa.gov .

Section 5 – Farmer’s Home Administration Forms

All documents approved and designated for use by the United States Department of Agriculture Farmer’s Home Administration in connection with closing a FMHA Loan on residential property.

A historical record of changes to the Limited Practice Board's approved forms can be found here .

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Retaliation In Employment
Sex/Pregnancy In Employment
Sexual Orientation & Gender Identity In Employment
State Employee Whistleblower Retaliation
Use of a Trained Service Animal In Employment
Hate & Bias Crimes in Housing
Creed In Housing
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Familial Status
Honorably Discharged Veteran & Military Status In Housing
Marital Status In Housing
National Origin In Housing
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Retaliation In Housing
Sex In Housing
Sexual Orientation & Gender Identity In Housing
General Fair Housing Discrimination Brochures by Language
Disability Access Requirements
Breastfeeding
Disability In P.A.
Race/Color In P.A.
Sexual Orientation & Gender Identity In P.A.
Use of a Trained Service Animal In P.A.
Creed In Credit/Insurance
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RCW Chapter 49.60 is a State law that protects all people in Washington from unfair and discriminatory practices in employment, real estate transactions, public accommodations, credit, insurance, as well as health care whistleblower, and state employee whistleblower complaints. If you want to know your federally guaranteed employment rights, please visit the U.S. Equal Employment Opportunity Commission .

What are the WSHRC's jurisdictional criteria?

Employer has at least 8 employees (does not include religious organizations).
Signed complaints need to be filed within 6 months of last date of alleged discrimination.

What are prohibited employment practices?

Under the law, if it is because of a person’s race, creed, color, national origin, sex, marital status, age (40+), disability, retaliation, sexual orientation/gender identity, honorably discharged veteran or military status, or use of a trained dog guide or service animal by a person with a disability:

An EMPLOYER may not: (1) refuse to hire a person, (2) discharge or bar a person from a job, (3) discriminate in compensation or other terms or conditions of employment, (4) print, circulate, or use any discriminatory statement, advertisement, publication, job application form, or make any inquiry in connection with prospective employment that is discriminatory.
EMPLOYMENT AGENCIES may not: (1) discriminate in classification or referrals for employment, (2) print or circulate any discriminatory statement, advertisement, or publication, or (3) use discriminatory employment application forms, or inquiries made in connection with prospective employment.

Who is protected from employment discrimination?

The law prohibits unfair employment practices because of a person’s:

Opposition to a discriminatory practice
Presence of any sensory, mental, or physical disability
Use of a trained dog guide or service animal
HIV/AIDS and Hepatitis C Status
National Origin
Sex (including pregnancy)
Marital Status
Sexual Orientation, including Gender Identity
Honorably discharged Veteran or Military Status
State Employee or Health Care Whistleblower Status

How are complaints filed?

Intake call or in-person interview: Goes to the Intake Unit to determine jurisdiction, followed by an intake questionnaire if in the WSHRC ’s jurisdiction.
Print out and send in online intake questionaire
Intake questionaire must be received by WSHRC within six months of alleged discriminatory action.
You may receive a written charge to sign and return to WSHRC.
Complaint assigned to investigator.

When an employer receives notice of a complaint what is its responsibility?

Send a written response to the charge within 15 days.
Give its position on the alleged unfair action(s).
Provide relevant documentation.
Provide witness names and contact information.

How is the investigation conducted?

The WSHRC is a neutral fact-finder – we do not take sides during an investigation. An investigator is assigned to gather evidence to determine if there is reasonable cause to believe that a violation of law has occurred. They may interview witnesses and review documents and records.
The WSHRC also uses and encourages alternate dispute resolution.

Who has the burden of proof?

The complainant must provide information that shows a prima facia case of discrimination.
The respondent can provide non-discriminatory reasons for what happened.
The burden then shifts to the complainant to provide additional information to connect the harm to the protected class.
For a reasonable cause finding, a preponderance of evidence must show that discrimination occured.

When an investigation is complete what happens?

The WSHRC staff makes a recommendation to the Commissioners.
If the WSHRC finds no discrimination (no reasonable cause), both parties are contacted with that finding.
If the WSHRC finds that illegal discrimination has occurred (reasonable cause), we first try to bring about a voluntary agreement with the parties to resolve the issues. If these efforts fail, we will consider taking the complaint to a formal hearing before an Administrative Law Judge (ALJ). ALJs can impose substantial penalties.

It is against the law to retaliate?

The law prohibits taking retaliatory, adverse action against:

A person who has filed a complaint.
A person who has participated in an investigation.
A person who has opposed any practice forbidden by the Law Against Discrimination.

Does the WSHRC respond to inquiries?

Yes. The WSHRC responds to questions about RCW 49.60 from the public, employers, housing providers, and other institutions.

Does the WSHRC provide education and training programs?

The WSHRC has a proactive education and training program geared towards eliminating and preventing discrimination.
Training is provided to the “Respondent” community (employers, landlords, shop owners, etc.) who are interested in understanding and complying with the law.

What is the cost for training?

The WSHRC conducts free educational and training seminars throughout the State on RCW 49.60 .

The Law / WACs

You can access and search through state laws (including RCW 49.60 , the Law Against Discrimination), rules, and rulemaking efforts at the website of the State Code Reviser

The rules of the Commission are found in the Washington Administrative Code (WAC) at Chapter 162 . Some commonly requested titles within WAC Chapter 162 include:

WAC 162-12 Pre-Employment Inquiries Guide
WAC 162-16 Employment
WAC 162-22 Employment and Disability Discrimination
WAC 162-26 Public Accommodations and Disability Discrimination
WAC 162-30 Sex Discrimination (including pregnancy, childbirth, and pregnancy related conditions)
WAC 162-38 Real Estate Transactions and Disability Discrimination

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Washington plans to stop requiring bar exam, but alternatives not in place | Fact check

The claim: The state of Washington no longer requires passing the bar exam to get a law license

A March 19 Facebook post ( direct link , archive link ) makes a claim about legal education in the Pacific Northwest.

"You no longer need to pass the bar exam to be a lawyer in Washington," the post reads.

A similar version of the post was shared hundreds of times before being deleted.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Our rating: Partly false

The Washington Supreme Court approved the concept of alternative pathways for law school graduates, law students and law clerks to get law licenses. However, the details of the pathways are still being developed and the timeline to implement those paths is uncertain. Until then, lawyers must pass the bar exam.

New pathways to license

Bar exams , tests to primarily establish that prospective lawyers have a minimum knowledge of the law, have been a gateway to practicing law since the late 18th century in the U.S. However, in recent years advocates have questioned if the exams are good tools for measuring someone's ability to be a competent lawyer.

On March 15, the Washington Supreme Court issued an order that approved "in concept" creating three new pathways to get a law license in that state without passing the bar exam.

However, the court did not spell out a timeline for implementing the new pathways, which are still under development. Jacob Rooksby, dean of the Gonzaga School of Law, told The Spokesman-Review that he did not think it could happen before 2025 at the earliest.

The Washington State Bar Association also says on its website that the court directed it to work on a path to implementation but emphasized the new pathways are not yet in effect.

And the decision doesn't mean, as many social media commenters took it, that anyone can become a lawyer. It still requires extensive training and direct experience in law.

The pathways , developed by task force , emphasize experiential learning. For law school graduates, the alternative pathways would involve an apprenticeship and some additional coursework. Law students could graduate with a license if they complete an internship, earn credits for specific skills and complete a portfolio review. Law clerks will also need to complete an internship and “standardized educational materials and benchmarks to be completed under the guidance of their tutors that dovetail with the requirements of the law school graduate apprenticeship,” according to the announcement of the pathways .

The task force was formed in November 2020 and found that the traditional bar exam “disproportionately and unnecessarily blocks marginalized groups” from becoming lawyers, the statement said . It said the traditional exam is “at best minimally effective for ensuring competent lawyers."

Fact check : No, public hanging is not listed as punishment for treason in US Code

Washington is not the first state to approve alternatives to bar exams. Oregon has begun putting its own universally accessible alternative licensing pathway in place, while Wisconsin and New Hampshire have pathways for graduates of certain law schools. California , Utah , South Dakota , Nevada and Minnesota are among a growing list of states studying or piloting other paths to licensure.

Our fact-check sources:

The Washington State Bar Association, accessed March 29, Latest News
Spokesman-Review, March 15, Supreme Court: Bar exam will no longer be required to become attorney in Washington State
Washington Supreme Court, March 15, Order 25700B711
Washington State Bar Licensure Task Force, Feb. 28, A Proposal for the Future of WA State Bar Admissions Updated Following Public Comment
Washington State Courts, March 15, Supreme Court Approves Alternative Pathways to Lawyer Licensure in Washington State

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .

Washington state gun sales spike, then plummet as new laws take effect

Sales across the state were about half what they were in january and february of 2023.

Moms Demand Action for Gun Sense in America has worked on increasing gun safety laws in Washington, making the state one of the top 10 in gun-law strength.

SEATTLE — Gun sales in Washington have fallen dramatically this year, according to federal background check data, as a suite of new state gun regulations took effect.

The drop-off in Washington sales in the first three months of 2024 is much more significant than the modest drop-off seen nationwide in the same period.

The decline follows a nearly unprecedented spike in Washington gun sales at this time last year, as gun buyers rushed to make purchases while state lawmakers debated and ultimately passed a ban on AR-15s and similar semiautomatic weapons that took effect immediately. Washington was the 10th state to ban the high-powered semiautomatic rifles.

On Jan. 1 of this year, a new law took effect requiring a 10-day waiting period and mandatory safety training for all gun purchases in the state.

Gun sales in Washington in January and February, as measured by background checks, were about half what they were in January and February of 2023 — about 19,000 per month this year, compared with about 38,000 per month last year. In March, there were a little more than 22,000 background checks for gun sales in Washington, down more than 70% from the more than 77,000 checks in March 2023.

Nationally, background checks fell by only about 11% through the first three months of the year.

Background checks, conducted by law enforcement, while not a perfect match, are considered the best available metric of gun sales, nationwide and on a state-by-state basis.

It’s not certain that Washington’s new laws spurred the rapid up and down swings in gun sales, but the circumstantial evidence is strong.

“We can’t say definitively whether these policy debates or the policies impacted sales numbers, but it would be consistent with events we’ve seen in other states,” Mike Faulk, a spokesperson for Gov. Jay Inslee, who requested the legislation mandating waiting periods and training and the ban on AR-15-style weapons, wrote in an email. “The whole point of the assault weapons ban was to prevent weapons of war being sold and distributed in Washington. There’s no legitimate reason to have them in our communities.”

Just in the last year, Washington’s Democratic-controlled Legislature has passed the ban on AR-15-style weapons, the 10-day waiting period and mandatory training, a bill to hold gunmakers liable for negligent sales and a prohibition on carrying guns in libraries, zoos and transit facilities.

State lawmakers have required gun dealers to run annual background checks on their employees and implement video surveillance and security measures and required gun owners to report lost or stolen guns within 24 hours.

In recent years, Washington has enacted enhanced background checks and extreme-risk protection orders, allowing guns to be temporarily taken from people who a judge deems a significant risk of harm to themselves or others. It has also banned high-capacity magazines and prohibited open carry of guns at public demonstrations.

Multiple national groups rank Washington among the top 10 strictest states in the nation for gun laws.

Alan Gottlieb, founder and executive vice president of the Bellevue-based Second Amendment Foundation, said last year’s sales surge was almost certainly driven by the looming ban on AR-15-style weapons, but disputed that the 10-day waiting period and mandatory training were having much effect.

Two things spur gun sales, said Gottlieb: crime rates and the possibility of new gun laws.

“Crime goes up, they want to buy a gun,” said Gottlieb, whose organization has sued the state over the semiautomatic-rifle ban and other gun legislation. “And the push for legislation, when people think they’re not going to be able to buy one.”

Background check data is a close, but not perfect, proxy for gun sales. Every legal gun sale in Washington, including those between two private individuals, requires a background check, which is logged by the FBI.

But not every background check results in a gun sale. About 1% of background checks result in a denial, and thus no sale, according to state data.

And one background check can result in multiple gun purchases — you can buy more than one gun on the same visit, with just one background check performed.

Washington began using a new background check system on Jan. 1 — a bipartisan initiative, unlike most gun legislation — a change invisible to gun buyers. The new system aims to run the same checks as the prior one, but is centralized and more streamlined.

Previously, when a prospective gun buyer went to a dealer, the dealer collected their information and, for some guns, sent it directly to the FBI for a background check. For other guns, the dealer sent the information, by email or fax, to the police department where the buyer lives, for a background check.

Now, dealers send information for all background checks to the Washington State Patrol, through a secure online portal.

Washington conducts “enhanced background checks,” meaning the State Patrol runs each background check on at least five databases: the FBI’s National Instant Criminal Background Check System, the state administrative office of the courts, the state Health Care Authority (looking for involuntary mental health commitments), a state law enforcement database (looking for warrants and protection orders), and a Northwest regional database (looking for recent arrests in nearby states).

A hit on any of them for past felonies, domestic violence convictions, involuntary commitment, protection orders or other offenses can prompt a denial.

“If you can have a firearm, you can have a firearm, I’m OK with that,” said Kateri Candee, the commander of the State Patrol’s Firearms Background Division. “But if you shouldn’t have a firearm because you have some stuff in your background, I don’t want you to have a firearm.”

The mandatory training before a gun purchase, which went into effect this year, may or may not be affecting sales, but it is not a difficult hurdle to clear.

Training is available online and is either free or available for minimal cost. One training option — near the top of online search results — can be completed in under five minutes.

Offered by a Vancouver gun shop, it features, as required by state law, information on basic gun safety, guns and children, safe gun storage, guns and suicide, state laws on using deadly force and conflict resolution.

It also includes information on protecting the Second Amendment, introducing new people to firearms, talking with “anti-gun citizens,” fundraising requests and pleas to “vote against anti-gun candidates.”

Of the 12 pages you need to click through to complete the training, seven are largely instruction and five are largely advocacy.

Once the training is complete, you can print a certificate attesting that you’ve met the requirements of the new law.

State Rep. Liz Berry, D-Seattle, lead sponsor of the law that required the trainings, laughed at some of the embedded advocacy.

“The trainings are really easy to access, they’re not hard or cumbersome to do,” Berry said. “Lower gun sales is not a bad thing unless you’re a gun manufacturer or a gun dealer. We have more guns on the street in this country than we have Americans — it seems like there’s no shortage of guns.”

Shouts of ‘Shame! Shame!’ erupt in Arizona House as fight over abortion ban engulfs lawmakers

The Arizona Legislature devolved into shouts of “Shame! Shame!” on Wednesday as Republican lawmakers quickly shut down discussion on a proposed repeal of the state’s newly revived 1864 law that criminalizes abortion throughout pregnancy unless a woman’s life is at risk. (Video production by Nebi Qena and Rod Jussim)

A near-total ban on abortions is set to take effect in Arizona after the state Supreme Court ruled the state can enforce an 1864 law making abortion illegal in all cases except when a mother’s life is at stake.

An Arizona Supreme Court decision that would end virtually all abortions in the state puts the issue front and center in a critical 2024 battleground.

Arizona state Rep. Matt Gress, R-Phoenix, speaks to reporters on the House floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

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Volunteer signature gatherers Judy Robbins, left, and Lara Cerri, center, watch outside a bookstore as voter Grace Harders prepares to sign a petition that aims to enshrine the right to abortion in Arizona, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Anita Snow)

Arizona State Rep. Teresa Martinez, R, texts on House floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

Democratic lawmakers record Arizona State Rep. Teresa Martinez, R, as she speaks from the House floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

Arizona State Rep. Stephanie Stahl Hamliton, D, speaks on floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

Arizona State Rep. Teresa Martinez, R, speaks on floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

Arizona State Speaker of the House Ben Toma, R, speaks to reporters from the House floor at the Capitol, Wednesday, April 10, 2024, in Phoenix. The Arizona Supreme Court ruled Tuesday that the state can enforce its long-dormant law criminalizing all abortions except when a mother’s life is at stake. (AP Photo/Matt York)

PHOENIX (AP) — The Arizona Legislature devolved into shouts of “Shame! Shame!” on Wednesday as Republican lawmakers quickly shut down discussion on a proposed repeal of the state’s newly revived 1864 law that criminalizes abortion throughout pregnancy unless a woman’s life is at risk.

The state Supreme Court cleared the way on Tuesday for enforcement of the pre-statehood law . Arizona abortion providers vowed Wednesday to continue service until they’re forced to stop, possibly within weeks.

State legislators convened as pressure mounted from Democrats and some Republicans, including former President Donald Trump, for them to intervene.

House Democrats and at least one Republican tried to open discussion on a repeal of the 1864 abortion ban, which holds no exceptions for rape or incest. GOP leaders, who command the majority, cut it off twice and quickly adjourned for the week. Outraged Democrats erupted in finger-waving chants of “Shame! Shame!”

Republican state Rep. Teresa Martinez, of Casa Grande, said there was no reason to rush the debate. She accused Democrats of “screaming at us and engaging in extremist and insurrectionist behavior on the House floor.” The GOP-led Senate briefly convened without debate on abortion.

Abortion rights activists react during a debate in the Polish parliament from the gallery of the assembly, in Warsaw, Poland, on Thursday April 11, 2024. The traditionally Catholic nation has one of the most restrictive laws in Europe — but the reality is that many women terminate pregnancies at home with pills mailed from abroad. (AP Photo/Czarek Sokolowski)

“We are navigating an extremely complex, emotional and important area of law and policy,” said Martinez, the GOP House whip. “In my opinion, removing healthy babies from healthy mothers is not health care nor reproductive care. Pregnancy is not an illness. It should be celebrated. It is an abortion that terminates life.”

Democratic legislators seized on national interest in the state’s abortion ban.

“We’ve got the eyes of the world watching Arizona right now,” said Democratic state Rep. Stephanie Stahl Hamilton, of Tucson. “We know that the Supreme Court decision yesterday is extreme. And we know that should the 1864 ban on abortion remain a law in Arizona, people will die.”

Democratic Gov. Katie Hobbs called inaction on the proposed repeal unconscionable.

“Radical legislators protected a Civil War-era total abortion ban that jails doctors, strips women of our bodily autonomy and puts our lives at risk,” she said.

Three Republican legislators openly oppose the ban, including state Rep. Matt Gress, of Phoenix, who made a motion Wednesday to repeal the law. In a statement, he said the near-total ban “is not reflective of the values of the vast majority of our electorate, regardless of political affiliation. ... This issue transcends all.”

According to AP VoteCast, 6 out of 10 Arizona voters in the 2022 midterm elections said they would favor guaranteeing legal abortion nationwide. The state recorded 11,530 abortions in 2022, the last data available, according to Arizona’s Department of Health Services.

At Camelback Family Planning in Phoenix, where about one-fourth of Arizona abortions are performed, registered nurse Ashleigh Feiring said abortion services were still available and that staff hope emergency legislation will avoid interruptions or closure.

“Our plan is to stay open as long as possible,” Feiring said. “Our clinic has been shut down twice in the last four years, but we’ve always resumed service.”

At the same time, anti-abortion groups including SBA Pro-Life America urged Arizona residents to oppose a proposed ballot initiative aimed at placing abortion rights in Arizona’s state constitution.

“They would wipe away all pro-life laws put in place by the Legislature, reflective of the will of the people,” SBA President Marjorie Dannenfelser said in a statement.

Hobbs, however, predicted that outrage will motivate voters to enshrine abortion rights directly in state law.

“The fight is not over, for sure” she said.

Grace Harders drove around metro Phoenix on Wednesday looking for an opportunity to sign an abortion rights petition. She said she wouldn’t know what to do if she had an unplanned pregnancy but knew she’d be scared.

“I’m a pro-choice person, and I want to ensure the right for all women,” Harders said.

Abortion rights advocates said they’ve gathered more than 500,000 signatures for the petition from the Arizona for Abortion Access campaign — far above what they need to add a ballot question asking voters to approve a constitutional amendment protecting the right to abortion until viability, when a fetus could survive outside the womb.

Arriving for a campaign fundraiser in Atlanta, Trump said the Arizona court decision went too far and called on state lawmakers to change it even as he defended the U.S. Supreme Court’s 2022 ruling overturning of Roe v. Wade .

“It’s all about states’ rights,” the former president told supporters and journalists. “It’ll be straightened out.”

Since the U.S. Supreme Court overturned Roe v. Wade in 2022, most Republican-controlled states have started enforcing new bans or restrictions, and most Democratic-dominated ones have sought to protect abortion access.

Meanwhile, voters have sided with abortion rights supporters on statewide ballot measures in California, Kansas, Kentucky, Michigan, Montana, Ohio and Vermont.

The Arizona ruling suggests doctors can be prosecuted for performing the procedure. The 1864 law carries a sentence of two to five years in prison for doctors or anyone else who assists in an abortion.

“Physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal,” the Arizona Supreme Court said in its decision, adding that additional criminal and regulatory sanctions may apply to abortions performed after 15 weeks, the state’s previous time limit for the procedure.

Beyond that, the court ruling also ignited concern that enforcement might interfere with handling miscarriages.

Enforcing the 1864 law won’t begin for at least two weeks. However, plaintiffs in the case — including Planned Parenthood — said the delay could last up to two months, based on an agreement reached in a related case.

Planned Parenthood has said it will offer abortion services up to 15 weeks of pregnancy for at least two more months, in line with an agreement in the related case.

Doctors and clinic leaders are anticipating a scramble across the Southwest region to accommodate Arizona residents as they travel out of state for abortion care.

Associated Press writers Jacques Billeaud in Phoenix and Scott Sonner in Reno, Nevada, contributed to this report.

Arizona Supreme Court ruling clears way for near-total abortion ban

Arizona’s conservative Supreme Court on Tuesday revived a near-total ban on abortion , invoking an 1864 law that forbids the procedure except to save a mother’s life and punishes providers with prison time.

The 4-2 decision supersedes the previous rule, which guarded the right to end a pregnancy by the 15-week mark, resetting policy to the pre- Roe v. Wade era and adding Arizona to the roster of 16 other states where abortion is virtually outlawed.

The ruling cannot be enforced for 14 days, the judges wrote, during which Planned Parenthood Arizona, as a party to the court case, could raise constitutionality questions before a lower court. And because of a separate ruling in a parallel case that sets a second clock ticking, the organization expects to provide abortion services through May, officials said during a Tuesday briefing.

Under the 1864 territorial law, which went into effect 48 years before Arizona became a state, anyone who administers an abortion could face a mandatory prison sentence of two to five years. That could compel Arizona’s licensed abortion clinics to ramp down dramatically or shutter — though it’s unclear how the decision will be enforced.

The attorney general in charge of overseeing abortion laws, Democrat Kris Mayes, has vowed not to enforce any bans. Her decision, however, could be challenged at the county level.

Eight of Arizona’s nine abortion clinics temporarily closed two years ago when the U.S. Supreme Court struck down Roe , ending national protections for abortion rights.

Where is abortion legal and illegal?

The legal upheaval comes as reproductive-rights advocates push for a November ballot measure that would protect access to abortion in the Arizona state constitution. Campaigners have already gathered more than enough signatures to qualify, according to the Arizona Republic.

“Arizonans deserve the right to make our own decisions about pregnancy and abortion without politicians and judges interfering,” said Chris Love, a Phoenix lawyer and spokeswoman for the ballot measure campaign.

Doctors across the country have complained that the post- Roe landscape of restrictions makes it hard to know when they can legally intervene to save a pregnant person’s life. Waiting too long, some have argued, could lead to permanent damage, including infertility.

“We will see more women who are told to wait in the parking lot or go back home until they are sicker, closer to death, to receive health care,” said Jill Habig, president of the Public Rights Project, which represented the county attorney opposing the ban.

Marjorie Dannenfelser, president of the antiabortion group SBA Pro-Life America, called the court’s decision an “enormous victory.”

“Today’s state Supreme Court decision is a major advancement in the fight for life in Arizona,” she said in a statement.

Critics of the November campaign to enshrine abortion rights in Arizona skipped over a response to the court judgment Tuesday, writing that “reasonable people can have different opinions on abortion and policy.”

A proposed amendment that “expands abortion beyond what voters support is not the answer,” Leisa Brug, campaign manager for that movement, said in a statement.

The question of abortion legality landed before Arizona’s Supreme Court after the state’s former attorney general, a Republican, asked the justices to restore the 160-year-old ban, setting off a litigation battle with Planned Parenthood.

Jill Gibson, chief medical officer for Planned Parenthood Arizona, said she was seeing patients at a clinic in Tempe when the ruling sparked “an atmosphere of chaos.”

The impact could worsen physician shortages in the state, she said: Confusion over what doctors can do and when without risking prison could motivate them to relocate to states without restrictions.

“It just completely wreaks havoc on our ability to do our jobs,” Gibson said, “and patients are going to be the ones that suffer.”

Arizona’s court judgment follows a move by Florida’s right-leaning Supreme Court to all but prohibit abortion, effective next month. In a separate decision, however, the high court in Tallahassee allowed an amendment enshrining the right to the procedure to go on the November ballot.

The justices behind the Arizona decision, four men and two women, were all appointed by Republicans. A fifth male judge had recused himself after reporters resurfaced a Facebook post in which he called abortion “the greatest genocide known to man.” Their views Tuesday did not split by gender: The majority opinion was supported by one woman and three male justices, while a male and female justice dissented.

Since the fall of Roe v. Wade , the fate of abortion access has roused the left, boosting Democratic turnout practically everywhere the issue has been on the ballot and putting Republicans, from presumptive presidential nominee Donald Trump on down, in a defensive posture.

In a statement soon after the court released its decision, President Biden cast it in dire terms.

“Millions of Arizonans will soon live under an even more extreme and dangerous abortion ban, which fails to protect women even when their health is at risk or in tragic cases of rape or incest,” Biden’s statement said. “This cruel ban was first enacted in 1864 — more than 150 years ago, before Arizona was even a state and well before women had secured the right to vote.”

Most Americans disagree with revoking the option to end a pregnancy, and swelling numbers of political moderates have indicated in surveys that the issue is likely to influence which candidates they support.

Republicans felt the sting last November when five states across the political spectrum voted on abortion referendums, and each one elected to maintain access .

Trump urged his party this week to step away from the goal of a national abortion ban, at least through the election, igniting public clashes with some of his GOP allies.

“We cannot let our Country suffer any further damage by losing Elections on an issue that should always have been decided by the States,” he wrote in a social media post.

U.S. abortion access, reproductive rights

Tracking abortion access in the United States: Since the Supreme Court struck down Roe v. Wade , the legality of abortion has been left to individual states. The Washington Post is tracking states where abortion is legal, banned or under threat.

Abortion and the election: Voters in a dozen states in this pivotal election year could decide the fate of abortion rights with constitutional amendments on the ballot. Biden supports legal access to abortion , and he has encouraged Congress to pass a law that would codify abortion rights nationwide. After months of mixed signals about his position, Trump said the issue should be left to states . Here’s how Trump’s abortion stance has shifted over the years.

New study: The number of women using abortion pills to end their pregnancies on their own without the direct involvement of a U.S.-based medical provider rose sharply in the months after the Supreme Court eliminated a constitutional right to abortion , according to new research.

Abortion pills: The Supreme Court seemed unlikely to limit access to the abortion pill mifepristone . Here’s what’s at stake in the case and some key moments from oral arguments . For now, full access to mifepristone will remain in place . Here’s how mifepristone is used and where you can legally access the abortion pill .

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PDF 25.60
25.60.30 Wage assignments Mar. 1, 2010 207 25.60.40 Other debt collection procedures June 7, 2018 208 25.60.50 Worksheets for answers to writs of garnishment Jan. 1, 2022 210 25.60.10 Garnishments and levies July 25, 2021 All agencies of the state of Washington must comply with this policy, unless otherwise exempted by statute.
Delegation of performance; assignment of rights.
(2) Except as otherwise provided in RCW 62A.9A-406, unless otherwise agreed, all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him or her by his or her contract, or impair materially his or her chance of obtaining return performance.
Requiring assignment of employee's rights to inventions
Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable. (2) An employer shall not require a provision made void and unenforceable by subsection (1) of this section as a condition of employment or continuing employment. (3) If an employment ...
WAC 357-28-190:
When must an employee receive shift premium? (1) Shift premium at the rate specified in the compensation plan must be paid when: (a) An employee is regularly scheduled to work a shift in which the majority of hours worked daily or weekly are between 6:00 p.m. and 6:00 a.m.; (b) An employee is scheduled to work a shift which is split with a ...
Assignment of Employee Inventions State Laws Chart: Overview
An at-a-glance Chart describing state laws addressing assignment of employee inventions agreements, which employers commonly use to protect the employer's intellectual property rights, including trade secrets and other proprietary information. This Chart discusses state statutory limitations on these assignments, as well as any notice requirements.
PDF RCW 26.18.110
(4) The employer may deduct a processing fee from the remainder of the employee's earnings after withholding under the wage assignment order or income withholding order, even if the remainder is exempt under RCW 26.18.090.The processing fee may not exceed (a) ten dollars for the first disbursement made by the employer to the Washington state support registry; and (b) one dollar for each ...
RCW 49.44.150: Requiring assignment of employee's rights to inventions
Requiring assignment of employee's rights to inventions — Disclosure of inventions by employee. Even though the employee meets the burden of proving the conditions specified in RCW 49.44.140 , the employee shall, at the time of employment or thereafter, disclose all inventions being developed by the employee, for the purpose of determining ...
RCW 7.08.030: Assignment—Procedure—Creditor's ...
Dated: . . . . (2) The assignor shall annex to such assignment schedules in the form provided for by RCW 7.60.090 (3) in the case of general receiverships, setting forth the creditors and the property of the assignor. (3) Every assignment shall be effective when a petition to appoint the assignee as receiver has been filed by the assignor, by ...
Can I Assign My Commercial Lease? (Part 2- Assignments By Operation Of Law)
We have extensive experience advising clients on real estate matters. To learn more about commercial lease assignments, please contact Beresford Booth at [email protected] or by phone at (425) 776-4100. BERESFORD BOOTH has made this content available to the general public for informational purposes only. The information on this site is not ...
Washington State Courts
Amended effective 06/21/18 In cases where a Domestic Case Assignment Notice has been entered issues of law shall be noted for hearing in conformity with the Spokane County Family Law Local Rules. However, in the case of summary judgment motions, they shall be noted for hearing before the assigned judge and comply with LCR 40(b) and LCR 56.
New Requirements for Hospital Staffing (2023 SB 5236)
Purpose The purpose of this bulletin is to inform hospitals of expansive changes to Washington hospital staffing laws pursuant to Engrossed Second Substitute Senate Bill 5236 (E2SSB 5236), the compromise bill negotiated and enacted into law during the 2023 legislative session.The enacted law is a result of significant negotiations and involvement in the legislative process.
Assignments: The Basic Law
Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court, 35 Cal. 2d 109, 113-114 (Cal. 1950). An assignment will generally be permitted under the law unless there is an express prohibition against assignment ...
Washington Assignment and Satisfaction of Mortgage Law
Acknowledgment: An assignment or satisfaction must contain a proper Washington acknowledgment, or other acknowledgment approved by Statute. Washington Statutes. RCW 61.24.020 - Deeds subject to all mortgage laws-Foreclosure-Recording and indexing-Trustee and beneficiary, separate entities, exception.
Assigning Contracts in the Context of M&A Transactions
This is true in Washington State, where courts have found that contractual rights are generally transferable unless the contract expressly prohibits assignment in "very specific" and "unmistakable terms." ... by operation of law, no assignment would be deemed to occur); (2) whether the contract is "personal" in nature; and (3) how ...
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LPO Forms. Updated: Jan. 16, 2024. Selecting and preparing forms that affect the rights of others is considered the practice of law under Rule 24 of the Washington Supreme Court's General Rules ( GR 24 ). Limited Practice Officers (LPOs) are authorized to select and prepare forms approved by the Limited Practice Board within the limitations of ...
ASSIGNMENTS OF FUTURE WAGES
AGO 1968 No. 20 - May 16 1968. LABOR - OFFSET AGAINST EMPLOYEES' WAGES - ASSIGNMENTS OF FUTURE WAGES. (1) A written agreement between an employer and employee under which the employer is entitled to deduct sums of money from the employee's wages due or to become due for the purpose of obtaining payment of amounts owed by the employee in ...
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Washington State Law Against Discrimination Established in 1949, the Washington State Human Rights Commission (WSHRC) enforces the Washington State Law Against Discrimination. RCW Chapter 49.60 is a State law that protects all people in Washington from unfair and discriminatory practices in employment, real estate transactions, public accommodations, credit, insurance, as well
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Washington State Ban on High-Capacity Magazines Declared ...
What You Need to Know. A 2022 law banning the sale of high-capacity gun magazines in the state of Washington was declared unconstitutional this week. The state's attorney general was granted an ...
Washington to create alternative to state bar exam
The claim: The state of Washington no longer requires passing the bar exam to get a law license. A March 19 Facebook post (direct link, archive link) makes a claim about legal education in the ...
Washington state gun sales spike, then plummet as new laws take effect
SEATTLE — Gun sales in Washington have fallen dramatically this year, according to federal background check data, as a suite of new state gun regulations took effect. The drop-off in Washington ...
Chapter 61.16 RCW: ASSIGNMENT AND SATISFACTION OF REAL ...
Failure to acknowledge satisfaction of mortgage — Damages — Order. If the mortgagee fails to acknowledge satisfaction of the mortgage as provided in RCW 61.16.020 sixty days from the date of such request or demand, the mortgagee shall forfeit and pay to the mortgagor damages and a reasonable attorneys' fee, to be recovered in any court ...
Louisiana Senate advances bill similar to Texas' migrant arrest law
By Sara Cline - Associated Press - Monday, April 8, 2024. BATON ROUGE, La. — Louisiana's Republican-controlled Senate advanced a bill Tuesday that would empower state and local law enforcement ...
What is a woman? Idaho Gov. Brad Little signs bill ...
House Bill 421, signed into law on Tuesday, takes effect July 1. The measure declares that there are only two sexes, male and female; that everyone is either male or female, and gives biological ...
Arizona Republicans shut down discussion on proposed repeal of 1864
Updated 11:34 PM PDT, April 10, 2024. PHOENIX (AP) — The Arizona Legislature devolved into shouts of "Shame! Shame!" on Wednesday as Republican lawmakers quickly shut down discussion on a proposed repeal of the state's newly revived 1864 law that criminalizes abortion throughout pregnancy unless a woman's life is at risk.
PDF RCW 7.28.230
(3) The recording of an assignment, mortgage, or pledge of unpaid rents and profits of real property, intended as security, in accordance with RCW 65.08.070, shall immediately perfect the security interest in the assignee, mortgagee, or pledgee and shall not require any further action by the holder of the security interest to be perfected as to any subsequent purchaser, mortgagee, or assignee.
Arizona Supreme Court issues near-total ban on abortion
5 min. 8747. Arizona's conservative Supreme Court on Tuesday revived a near-total ban on abortion, invoking an 1864 law that forbids the procedure except to save a mother's life and punishes ...
Mississippi law officers sentenced in state court for torture of 2
By Michael Goldberg - Associated Press - Wednesday, April 10, 2024. BRANDON, Miss. — Already sentenced to many years in federal prison, six white former Mississippi law enforcement officers who ...
PDF RCW 26.18.080
(1) Upon receipt of a petition or motion seeking a mandatory wage assignment that complies with RCW 26.18.070, the court shall issue: (a) A wage assignment order for unpaid maintenance; (b) an income withholding order for unpaid child support; or (c) an income withholding order for unpaid maintenance and unpaid child support, including the information required in RCW 26.18.090, directed to the ...