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Dec 10 2019
Leave LawsWashington

Washington Paid Family and Medical Leave resources released

The Washington Employment Security Department (ESD) just released new resources to help your employees apply for Paid Family and Medical Leave (PFML) benefits starting on January 1, 2020. The downloadable tools are available here, and include a Parent’s Guide (how to apply for bonding leave), a Patient and Family Guide (how to apply for leave…

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Nov 08 2019
Leave LawsWashington

Washington Paid Family & Medical Leave Resources

Washington Paid Family & Medical Leave is coming. Starting on January 1, 2020, your employees will be able to apply for Washington Paid Family and Medical Leave benefits. The law created a lot of questions and many employers are still struggling to find answers. We’re here to help. Below you will find a number of…

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Sep 11 2019
Uncategorized

Q&A: Don’t use lie detectors to investigate theft

Question: Our petty cash has been disappearing lately. There are three employees with access to the cash drawer. Can we use lie detectors as long as we test all three? Answer: No, that’s not enough to justify such a test. Although you’re attempting to be non-discriminatory in testing everyone, using lie detectors on employees is…

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Aug 29 2019
Leave Laws

DOL says FMLA covers special ed consultations at child’s school

Recently the U.S. Department of Labor (DOL) released an opinion letter saying an employee should be granted intermittent leave under the federal Family and Medical Leave Act (FMLA) to attend school meetings related to her children’s health. The children had medically certified serious health conditions, and the employee was allowed intermittent leave to take the…

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Jun 21 2019
CaliforniaWage and Hour

$102M awarded for wage statement and meal violations in California

A federal district court in California recently awarded Wal-Mart employees $102 million in damages and penalties for missed meals and insufficient wage statements. The class action claim was divided into three parts: missed meals, wage statements missing hourly rates, and final pay statements without pay period start and end dates. A year ago, the court…

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Feb 15 2019
Leave LawsTermination & Resignation

Consider FMLA even if not directly requested

In this case, a 15-year account manager with an automotive packing company was nearing retirement. He continued to work part-time while battling brain cancer, and received significant annual bonuses. Bonuses were measured based on calendar year performance, and required the employee to be employed during the first quarter of the following year. Twice he met…

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Aug 17 2018
Leave LawsWashington

Phase 1 of Washington State Paid Family Leave rules released

The Washington Employment Security Department (ESD) is in the process of rulemaking for Washington Paid Family and Medical Leave (WPFML). As we previously reported, WPFML provides leave benefits starting in 2020, with tax assessments on employees and employers beginning January 1, 2019. Phase 1 Complete ESD has divided rulemaking into six phases. Phase 1, which…

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Aug 10 2018
Q&A

Q&A: Respond quickly and thoughtfully to social media posts

Answer: Possibly, but you need to do some homework first. The moment you become aware of the post, begin collecting information. Your goal is to determine whether a hateful comment was made, and if it was, whether it violates your policies. Do not immediately discipline based on allegations only. Before you focus on distancing yourself…

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Mar 28 2018
Wage and HourWashington

Washington Governor signs pay equity reform bill

On March 21, 2018, Washington officially joined the multitude of states tackling pay disparity as Governor Jay Inslee signed the Equal Pay Opportunity Act (Second Substitute House Bill 1506). The Act significantly expands Washington’s existing pay equity law for the first time since its adoption in 1943. Applying to all employers with at least one…

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Nov 21 2017
DisabilityQ&ASafety and Health

Q&A: Accommodate for Questionable Religious Belief?

Answer: The answer depends on whether you can accommodate the employee’s religious belief, not on whether his belief is “correct” according to any particular interpretation. Title VII of the Civil Rights Act requires employers to reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs, unless it would cause an undue hardship to the business….

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Oct 16 2017
Leave LawsWashington

Washington Paid Sick Leave: Frequently Asked Questions

LOCAL ORDINANCES 1. Question: We have locations throughout Washington, including Seattle and Tacoma. Does the Washington Paid Sick Leave law trump the Seattle Sick and Safe Time and Tacoma City ordinances? Answer: No. You must still meet all of the minimum requirements of each city ordinance as well as the Washington’s Paid Sick Leave law’s…

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Oct 13 2017
DisabilityHarassment & DiscriminationTermination & Resignation

Ninth Circuit okays termination of employee with sleep apnea

Finding no evidence of discrimination under California’s Fair Employment and Housing Act (FEHA), the U.S. Ninth Circuit Court of Appeals ruled that a railroad terminated a train engineer because of his poor attendance, not his diagnosed sleep disorder. Although this case was brought under FEHA, the analysis was the same as it would be under…

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