Freedom Vans: Nine Months After the Decision, Where are We?

About the Program

Last January, the Washington State Supreme Court clarified how employers may comply with Washington’s moonlighting law in David v. Freedom Vans LLC. The state’s moonlighting law took effect in 2020 and described when Washington state employers could prohibit their low-wage workers from having a second job. In Freedom Vans, the Court ruled that agreements prohibiting outside employment with competitors are enforceable if they are reasonable under the circumstances.

In the nearly nine months since the ruling, plaintiffs are aggressively targeting employers with putative class actions, seeking a $5,000 penalty for every employee who is subject to a moonlighting policy or agreement. These plaintiffs are targeting any policy or agreement that describes a moonlighting restriction.

During the session, Seyfarth Labor & Employment attorneys provided a Freedom Vans update that included the following:

• Recap of Freedom Vans Decision
• Current Litigation Trends
• Compliance With Freedom Vans & Litigation Avoidance

Speakers

Kyle Nelson, Partner, Seyfarth Shaw LLP
Matthew Kelly, Senior Counsel, Seyfarth Shaw LLP

If you have any questions, please contact Andrew Shah at ashah@seyfarth.com and reference this event.

To comply with State CLE Requirements, CLE forms requesting credit in IL or CA must be received before the end of the month in which the program took place. Credit will not be issued for forms received after such date. For all other jurisdictions forms must be submitted within 10 business days of the program taking place or we will not be able to process the request.

Our live programming is accredited for CLE in CA, IL, and NY (for both newly admitted and experienced). Credit will be applied as requested, but cannot be guaranteed for TX, NJ, GA, NC and WA. The following jurisdictions may accept reciprocal credit with our accredited states, and individuals can use the certificate they receive to gain CLE credit therein: AZ, AR (live in-person programs only), CT, HI and ME. For all other jurisdictions, a general certificate of attendance and the necessary materials will be issued that can be used for self-application. CLE decisions are made by each local board and can take up to 12 weeks to process. If you have questions about jurisdictions, please email CLE@seyfarth.com.