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Author Archives: Chris Hilgenfeld
Governor Inslee Orders
(as of March 26, 2020) Last evening, Governor Inslee issued further guidance to construction employers regarding his “Stay Home, Stay Healthy” Order. 03.25.20-ConstructionGuidanceMemo002 (as of March 24, 2020) On March 23, 2020, Governor Inslee announced a “Stay Home, Stay Healthy” Order. The Order can be found here. In short, the Order requires all Washingtonians to stay at home, except for people: Pursuing an essential activity, such as grocery shopping, medical appointments, etc.; Going to work at an essential business; … Continue reading
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COVID-19 and Commercial Truck Driver Requirements (as of March 19, 2020)
FEDERAL. Effective March 13, 2020, the U.S. Department of Transportation (DOT) Federal Motor Carrier Safety Administration (FMCSA) issued an emergency declaration to provide hours-of-service regulatory relief to commercial truck drivers transporting emergency relief in response to COVID-19. This waiver is in effect for 30 days (April 12) unless extended. On March 18, 2020, FMCSA expanded the regulatory relief for commercial motor vehicle operations providing direct assistance supporting emergency relief efforts intended to meet immediate needs for: Medical supplies and equipment … Continue reading
Posted in Uncategorized
Tagged COMMERCIAL DRIVING, Coronavirus, COVID-19, FMCSA, HOURS OF SERVICE
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Employment Legislation – State of Oregon
An ongoing list of enacted Oregon State legislation related to employment issues. (as of March 23, 2020) On March 23, 2020, Governor Brown issued Oregon Governors Order 03.23.20 significantly tightening social distancing guidelines. The new guidelines provide the following restrictions related to businesses or employment: It closes and prohibits shopping at specific categories of retail businesses, for which close personal contact is difficult to avoid, such as arcades, barber shops, hair salons, gyms and fitness studios, skating rinks, theaters, and … Continue reading
Employment Legislation – State of Washington
An ongoing list of enacted Washington State legislation related to employment issues. (As of March 18, 2020) Washington HB 2965, among other things, added $25 million appropriation from the budget stabilization account for expenditure into the COVID-19 unemployment account. It became effective on March 17, 2020. Washington HB 2739 adjusted certain requirements of the shared leave program. Includes a provision of shared leave for employees in isolation or quarantine as requested or ordered by a public health offiical or health … Continue reading
COVID-19 and Unemployment Benefits in Washington (as of March 18, 2020)
Washington’s Employment Security Department (ESD) has issued emergency rules for the COVID-19 (coronavirus) pandemic. They have also prepared a comparison guide for some common COVID-19 scenarios that affect benefits. Here are the Questions and Answers provided by the ESD for Employers related to COVID-19: Q. What programs are offered to assist businesses to keep workers during COVID-19? A. We have expanded programs to help support businesses and workers whose financial stability is affected by COVID-19. SharedWork: This program allows employers to reduce … Continue reading
Posted in COVID-19, Unemployment Benefits (WA), Washington
Tagged Coronavirus, COVID-19, Unemployment, Washington
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COVID-19 and WARN Act Layoffs (as of March 18, 2020)
In reviewing whether layoffs are required, there are a number of legal factors that may come into play. One of those is the Worker Adjustment and Retraining Notification (“WARN”) Act. The WARN Act was designed to offer protection to workers by requiring employers to provide 60 days notification in advance of plant closings and covered mass layoffs. Q: Does the WARN Act still apply if are forced to suspend operations on account of the COVID-19 (coronavirus) and its aftermath? A: … Continue reading
Posted in COVID-19, Legal Updates, WARN Act
Tagged Coronavirus, COVID-19, layoff, WARN Act
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COVID-19 and Workplace Safety (as of March 18, 2020)
What’s the main workplace safety guidance we should follow? The Occupational Safety and Health Administration (OSHA) recently published Guidance on Preparing Workplaces for COVID-19, outlining steps employers can take to help protect their workforce. OSHA has divided workplaces and work operations into four risk zones, according to the likelihood of employees’ occupational exposure during a pandemic. These risk zones are useful in determining appropriate work practices and precautions. Very High Exposure Risk: Healthcare employees performing aerosol-generating procedures on known or … Continue reading
COVID-19 and the Union (as of March 18, 2020)
The National Labor Relations Act (“NLRA”) imposes on employers the duty to bargain in good faith over mandatory subjects of bargaining such as wages, hours, and terms and conditions of employment. Generally speaking, even in emergency situations, such as this one, employers are required to bargain with the union over unilateral changes concerning mandatory subjects of bargaining, unless your collective bargaining agreement provides otherwise. Here are several questions that we have received. Q: Are there any exceptions to the general … Continue reading
Posted in COVID-19, Labor
Tagged Coronavirus, COVID-19, Duty to Bargain, Labor, Union
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COVID-19 and the ADA (as of March 18, 2020)
Employers are faced with dealing with a variety of laws in handling the COVID-19 pandemic. The EEOC issued Guidelines in 2009 (“2009 Guidelines”) that were designed to help employers deal with a pandemic while also being compliant with the ADA. A pandemic is a global “epidemic”. The 2009 Guidelines were designed to address the H1N1 pandemic scare. The 2009 Guidelines include a discussion regarding disability-related inquiries, permissible medical examinations, “direct threat” issues and reasonable accommodation obligations. The Guidelines also include … Continue reading
Posted in ADA, COVID-19
Tagged ADA, Americans with Disabilities Act, Coronavirus, COVID-19
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Employers Should be Prepared for Union Organizing Under New “Quickie” Election Rules
The National Labor Relations Board (NLRB) has recently issued its final rules regarding union representation case procedures. These rules are commonly referred to as quickie election rules. These quickie election rules seek to expedite the election process. They limit an employer’s ability to respond to union campaigns, effectively ambushing an unprepared Employer. BACKGROUND The NLRB is the federal agency responsible for governing private sector employer-union relations. Part of its charge includes conducting elections for labor union representatives. Representation elections may … Continue reading
Posted in Elections, Handbook Policies, Labor, Legal Updates, NLRB
Tagged Ambush Elections, NLRB, Quickie Elections
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