Employment Litigation Roundup: December 2023

by David Baron, Elyse Moy, Anne Patin, Seward & Kissel LLP - JDSupra

Delaware court declines to enforce restrictive covenants in LLC agreement but grants interlocutory appeal. 

In Sunder Energy v. Jackson, et al., a company, Sunder, sued a former employee, Jackson, for breaching a non-compete and employee non-solicit.  The covenants were in Sunder’s LLC agreement (the “LLCA”), which had been amended in 2019 and 2021 to include them, and by which Sunder claimed Jackson was bound through his receipt of incentive units.  As drafted, the covenants ran while Jackson held the units and for two years thereafter.  None of the eight named parties resides in Delaware.  The only tie to the state is that Sunder is a Delaware LLC.

Read more: https://www.jdsupra.com/legalnews/employment-litigation-roundup-december-8340143/

Washington Senate Passes Bill Banning Hiring Discrimination for Pot Use

by A.J. Herrington

The Washington state Senate has passed a bill that prevents employers from denying employment based on a positive drug test for weed.

The Washington Senate this week approved a bill that would protect cannabis users from pre-employment job discrimination. The measure, Senate Bill 5123, was passed by the state Senate on Wednesday by a vote of 28-21 and will now be considered by the Washington House of Representatives. 

Read more: https://hightimes.com/news/washington-senate-passes-bill-banning-hiring-discrimination-for-pot-use/

Amazon and Washington AG reach agreement on criminal background check notices for Flex drivers

by Todd Bishop - Geek Wire

Amazon has made voluntary changes to its app for Flex delivery drivers in accordance with a Washington state law designed to provide a more level playing field for job applicants with criminal records, a new court filing shows.

The changes resolve an investigation launched by the office of Washington state Attorney General Bob Ferguson in March 2020, according to the Nov. 17 filing by Assistant AG Marsha Chien in King County Superior Court in Seattle.

Read more: https://www.geekwire.com/2022/amazon-and-washington-ag-reach-agreement-on-criminal-background-check-notices-for-flex-drivers/