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Category Archives: Leave Laws
New DOL Guidance on the FFCRA
Posted on March 25, 2020, by Josh Brittingham On March 24, 2020, the U.S. Department of Labor (“DOL”), Wage and Hour Division, announced its first official set of guidance about the paid-leave provisions in the federal Families First Coronavirus Response Act (“FFCRA”), enacted on March 18. New implementing regulations for the FFCRA are forthcoming. DOL issued a fact sheet for employees, a fact sheet for employers, and a Q&A document. These materials clarify the DOL’s position on FFCRA’s requirements and protections, which are discussed here. For convenience, … Continue reading
Posted in COVID-19, Leave Laws
Tagged COVID-19, Leave Laws, New Legislation, Oregon, Paid Leave, Sick Leave, Washington
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FEDERAL LEGISLATION: COVID-19 Related FMLA and Paid Sick Leave Requirements (as of March 19, 2020)
On March 18, 2020, the Families First Coronavirus Response Act (H.R. 6201) (the Act) was signed into law. This article discusses the Family and Medical Leave Act (FMLA) and Paid Sick Leave provisions related to the COVID-19 public health emergency. Due to the immense effect this Act may have on small businesses, I have provided a thorough review of relevant questions. APPLICABILITY: When do the COVID-19 related FMLA and Paid Sick Leave provisions take effect? Within 15 days of enactment, … Continue reading
Posted in COVID-19, Leave Laws, New Legislation, Oregon, Paid Leave, Sick Leave, Washington
Tagged Coronavirus, COVID-19, Employment Laws, Paid Leave, Sick Leave
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2019 Employment Law Update – Seminar April 30, 2019
The April 10, 2019 registration deadline for Davis Grimm Payne & Marra’s 2019 Employment Law Update is less than 3 weeks away. Don’t miss out on your opportunity to learn and ask questions about recent changes to employment laws from Davis Grimm Payne & Marra attorneys: Selena Smith on “Anti-Harassment Training in the #MeToo Era” Josh Brittingham on the “Latest Changes to Paid Sick and Family Leave Laws” Brian Lundgren on “Staying Out of Court: Mandatory Arbitration Agreements” Cost for … Continue reading
Washington Paid Family Leave Is Coming in 2019: Employers Need to Start Preparing
Under Washington’s new Paid Family and Medical Leave (PFML) law, eligible employees will be entitled to paid leave up to 12 weeks for their own serious health condition (medical leave) or for family care (family leave), up to 16 weeks combined family and medical leave, and up to 2 additional weeks for certain pregnancy complications. Employers must begin remitting premiums and submitting quarterly reports for PFML starting on January 1, 2019. Starting January 1, 2020, employees may begin taking PFML … Continue reading
The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities
In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer. According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave
Tagged ADA, Attendance, EEOC, FMLA, Handbook policies, Leave Policies
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Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”
This month, the Seattle Office of Labor Standards announced its final revisions to the administrative rules for Seattle’s Paid Sick and Safe Time (“PSST”) ordinance. The rules become effective July 1, 2018. Seattle’s Paid Sick and Safe Time Ordinance requires employers operating in Seattle to provide all employees with paid leave to care for themselves or a family member with a physical or mental health condition, medical appointment, or a critical safety issue, among other reasons. The final administrative rules … Continue reading
Employer Tax Credit Available for Paid FMLA leave
The tax plan that was signed into law at the end of 2017 creates a new tax credit for employers. The credit appears in Section 13403 of the Act, and applies to employers who pay employee leave under the Family and Medical Leave Act (“FMLA”). The credit begins in 2018 and as of now, is set to expire at the end of 2019. Although possibly short-lived, employers may want to claim the benefit while they can. Employers may obtain a … Continue reading
Posted in FMLA, Leave Laws, Paid Leave
Tagged FMLA, Leave Laws, Paid Leave, Tax Benefit, Tax Plan
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Proposed Changes to Seattle’s Paid Sick and Safe Time and Secure Scheduling Include Eliminating Union Waiver
Last week, the Seattle Office of Labor Standards announced proposed changes to Seattle Paid Sick and Safe Time and Secure Scheduling. These changes intend to incorporate the more generous provisions from Initiative 1433, the Washington Paid Sick Leave law, into Seattle’s laws. A couple of notable proposed changes to Seattle’s law include shortening the waiting period for employee eligibility to use paid sick time from 180 to 90 calendar days following the commencement of employment. Additionally, whereas a waiver is … Continue reading
Posted in Labor, Leave Laws, Safe Time, Seattle, Secure Scheduling, Sick Leave
Tagged confidentiality agreements, paid sick leave, Paid Sick Time, Seattle
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New Year, New Paid Sick Leave Law
Washington’s new paid sick leave law goes into effect on January 1, 2018. The new law contains many changes to existing law, including paid sick leave at a minimum of one hour per every forty hours worked, required carryover of up to forty hours of sick leave, and paid sick leave for part-time and seasonal workers. Employers should be prepared to implement any required changes to their employment policies to comply with the January 1 deadline. In addition to the text of the paid sick leave … Continue reading
Posted in Leave Laws, Sick Leave, Wage and Hour
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SOCIAL ANXIETY DISORDER AND ADA DISABILITY
The United States Court of Appeals for the Fourth Circuit ruled on March 12, 2015 that social anxiety disorder may be a recognized disability under the Americans with Disability Act (ADA). The case is titled: Jacobs v. N.C. Administrative Office of the Courts. Previously, the ADA definition of disability had been construed more narrowly by the courts. However, where the alleged unlawful acts occurred after January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) applies. Under … Continue reading