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Nov 08 2017
Leave LawsWage and HourWashington

How does Washington’s paid sick leave law apply to truck drivers?

A: No, there isn’t an exemption from Washington’s paid leave law for truck drivers. The definition of employee in Washington’s minimum wage act is what controls when it comes to which employees are covered by the new paid sick leave requirements and there’s no exemption for truck drivers. This means you’ll need to comply with…

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Oct 19 2017
CaliforniaHarassment & DiscriminationHiring

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job applicants about salary history…

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Oct 18 2017
DisabilityLeave LawsWashington

What accommodations do pregnant employees get in Washington?

Answer: Yes, if you have 15 or more employees. Washington’s new Healthy Starts Act, effective July 23, 2017, requires employers to provide pregnant employees with certain workplace accommodations, regardless of whether the employee is actually “disabled” and without regard to whether it would cause the employer an “undue hardship.” If requested, the employer must provide:…

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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 16 2017
DisabilityEmployee BenefitsLeave Laws

Q&A: Offer equal amounts of paid parental leave to men and women

Answer: The short answer is no. If you provide paid parental leave for female employees, you must provide male employees the same benefit. Paid Parental Leave vs. Disability When contemplating providing paid leave for new parents, there are two sides you should consider: medical disability, and bonding with/caring for the child. Payments while a female…

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Aug 23 2017
Leave LawsWashington

New paid family and medical leave insurance program coming to Washington

The insurance program is funded by premiums paid by workers and employers and will be administered by the Employment Security Department (ESD), similar to unemployment insurance. Although there are still many issues to be decided, employers should begin familiarizing themselves with the law. For now, here’s what employers need to know: Preemption: The law prohibits…

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Aug 15 2017
DisabilityLeave LawsOregon

9/26/17 Advanced Leave & Accommodations Management: Navigating the Legal Maze

Legal and Legislative Update/Compliance Experienced HR professionals know that a classroom understanding of employment laws does not compare to real world experience handling injured, ill, and/or troubled workers. Join employment attorneys Josephine Ko and Kandis Sells, for an informative, advanced dialogue on best practices on time off, reasonable accommodation, light duty, and related rights and…

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May 15 2017
Leave LawsQ&A

Unmarried employee entitled to FMLA when girlfriend gives birth?

A: Time off for the birth and to bond with the child may qualify as protected time under the federal Family and Medical Leave Act (FMLA). However, time spent caring for the employee’s pregnant girlfriend prior to giving birth would not qualify as FMLA (e.g. if the girlfriend was on bed rest during pregnancy). In…

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May 03 2017
Leave Laws

Time off for child care may qualify for FMLA leave

A: Maybe. Assuming both the employer and employee are covered by the federal Family and Medical Leave Act (FMLA), the employee is entitled to FMLA leave to care for her toddler if his autism meets the definition of a serious health condition. FMLA leave is often related to an illness or injury, but the definition…

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Mar 31 2017
Leave Laws

Employer should have asked for more information before denying FMLA leave

In this case, the employee’s grandfather raised him from before the age of four. The court faulted the credit union for failing to ask for additional information to determine whether his grandfather was a covered family member (Courtard v. Municipal Credit Union, 2nd Cir., Feb. 2017). Tips for Employers Refine Policy Definitions, Probe for Information…

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Feb 23 2017
Employee BenefitsLeave LawsOregon

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid sick leave to…

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Feb 22 2017
Leave LawsQ&A

Can an ex-employee who joined the military demand their job back?

A: Yes. Generally, former employees who have served in the US military have up to five years after entering the service to return to their former job. The right to reemployment is guaranteed under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), provided the eligibility requirements have been met. On top of that,…

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