Kandis Sells, Author at Vigilant

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News, trends and analysis in employment law, HR, safety & workers' comp

Showing posts for: Kandis Sells

Jan 15 2024
Leave LawsWashington

WASHINGTON: L&I updates paid sick leave rules

  The Washington Department of Labor & Industries (L&I) updated the state’s paid sick leave rules, effective January 1, 2024. Most changes to the rules relate to a new Washington law requiring payout of accrued leave for short-term construction workers. However, some of the rules on usage, paid time off (PTO) programs, and frontloading were…

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Nov 02 2023
Q&ASafety and HealthWage and Hour

WASHINGTON Q&A: Employers can still prohibit some moonlighting

Question: We know there have been many changes in Washington law lately about non-compete restrictions, but are we still allowed to prohibit current employees from moonlighting? Answer: Under certain conditions, yes. Washington law allows employers to restrict current employees from “moonlighting” (i.e., working other jobs at the same time) if the employee is making at…

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Jul 06 2023
Labor Relations

NLRB returns to multi-factor test for independent contractor status

The National Labor Relations Board has returned to its traditional multi-factor test for determining independent contractor status, overruling its own 2019 decision that had focused mainly on the worker’s entrepreneurial opportunity (The Atlanta Opera, Inc., NLRB, June 2023). This test is important to properly classify workers because independent contractors are excluded from the organizing rights…

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Mar 16 2023
Harassment & DiscriminationWashington

WASHINGTON: Seattle is first to ban caste discrimination

Seattle has become the first city in the U.S. to include caste as a legally protected class for unlawful workplace discrimination. The Seattle city council voted on February 22, 2023, to amend the city law to ban caste discrimination in workplaces, housing, and public services. The new ban was signed into law by Seattle’s mayor…

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Feb 02 2023
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary worker housing rules evolve

On January 14, 2023, the Washington Department of Labor & Industries (L&I)’s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the agriculture industry expired and were not renewed. While this means that the remaining emergency restrictions have been lifted, agricultural employers providing TWH must continue taking precautions to…

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Dec 15 2022
Leave LawsWashington

WASHINGTON Q&A: Consider requiring WPFML documentation

Question: We have an employee on medical leave who applied for WPFML benefits, but the notice we received from ESD only provides a broad date range for the approved leave with no other information. How are we supposed to keep track of this? Answer: Consider requiring the employee to provide you with documentation of their…

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Oct 06 2022
DisabilityWashington

WASHINGTON: New rules published on long-term care

The Washington Employment Security Department (ESD) published new rules last week for implementation of the WA Cares Fund, Washington’s new long-term care insurance program. Washington employers will remember that this fund was hastily “paused” by Governor Jay Inslee and the legislature in January, and then modified in the 2022 legislative session to delay the start…

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Oct 06 2022
Wage and HourWashington

WASHINGTON: Minimum wage and exempt salary increase in 2023

The state of Washington has announced increases, effective January 1, 2023, in the minimum wage rate ad exempt salary thresholds for employees.  If you are an employer in Washington or have Washington employees, you’ll want to be aware of how this wage increases impact state wage requirements. Additionally, Seattle and SeaTac are receiving an increase…

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Apr 07 2022
Leave LawsWashington

WASHINGTON: New law makes changes to PFML

The Washington legislature passed a handful of changes to the Paid Family and Medical Leave (PFML) program, which were signed into law by Governor Jay Inslee on March 30, 2022 (SSSB 5649). These key changes are effective June 9, 2022: Family leave may now be used for bereavement for seven calendar days after the death…

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Feb 17 2022
Leave LawsWage and HourWashington

Q&A: Employee working from home in Seattle gets Seattle rights

Question: An employee working remotely from her home in Seattle is demanding a raise because the Seattle minimum wage increased this year. Our company doesn’t have any locations or other employees in the city, so Seattle’s laws don’t apply to us, right? Answer: If you have even one employee who works within the Seattle city…

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Jan 06 2022
Leave LawsWashington

WASHINGTON: Collect higher PFML premiums in 2022

As of January 1, 2022, both the premiums and maximum weekly benefits have increased for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate has increased to 0.6% of each employee’s gross wages (not including tips), up to a maximum of $147,000 (which is the 2022 Social Security cap). The split between employers…

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Oct 21 2021
Wage and HourWashington

WASHINGTON: Seattle and SeaTac increase minimum wages in 2022

The minimum wage in both Seattle and SeaTac will exceed $17.00 an hour as of January 1, 2022. The City of Seattle is increasing its minimum wage requirement to $17.27 per hour for most employers. Seattle’s minimum wage rates apply to all non-exempt employees for all hours they work within the city limits. The specific…

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