Category Archives: Uncategorized

What Employers Should Know About COVID-19 Vaccine Voluntary Wellness Incentive Programs

As more and more Americans become eligible for the COVID-19 vaccine, many Employers are wrestling with a number of questions regarding how to most effectively get as many of their personnel vaccinated as possible. We previously looked at the circumstances in which an employer can require employees to be vaccinated for COVID-19, but what if your company would rather incentivize employees to get the vaccine, instead of requiring it? There are many advantages that will come from having a workforce … Continue reading

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Rotational Employees Are Not Afforded More FMLA Leave Than Traditional Employees

Good news from the Ninth Circuit Court of Appeals for employers in the maritime industry and other employers who utilize rotational schedules for employees. When calculating FMLA continuous leave, the Department of Labor (DOL) has long applied the definition of “workweek” to mean a week that an employee actually worked or would have worked, had he or she not been on FMLA leave. This resulted in weeks a rotational employee would have been off not being counted in the employee’s … Continue reading

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2020 Labor & Employment Law Webinar

We understand the difficulties that businesses are facing to stay up-to-date on the ever-evolving legal landscape as it relates to COVID-19. Please join us 9:00 -11:00 AM PST on November 10, 2020, for our 2020 Labor & Employment Law Webinar. Our agenda includes: Labor Law Update in the COVID World; COVID-19 and the Workplace and Washington Employment Law Update in the COVID World. Please contact, via email, aturner@davisgrimmpayne.com for more information.

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Governor Inslee’s Orders

(as of November 15, 2020) The November 15 “Stay Safe-Stay Healthy” Order, Proclamation 20-25.8, is a four-week set of new statewide restrictions (subject to a possible extension) intended to curb further spread of COVID-19.  The restrictions set forth in this Order supplement the already-existing restrictions seen here, here, and here. Governor Inslee also released a document titled COVID-19 Guidance on November 15, which sets forth the various new restrictions that have been put in place as a result of this … Continue reading

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Posted in COVID-19, Legal Updates, Uncategorized, Washington Law Against Discrimination | Leave a comment

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

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MANDATORY ARBITRATION AGREEMENTS FOR NON-UNION EMPLOYEES

Employers are often wondering whether they should consider mandatory arbitration agreements for their non-union employees. Such arbitration agreements provide many advantages to the employer-employee relationship. As the law continues to develop, employers are asking more and more whether arbitration agreements are right for their workplace. What is an arbitration?  Arbitration is a form of dispute resolution where an employment dispute is privately resolved by a neutral third-party arbitrator, or panel of such arbitrators. Non-union arbitration typically occurs under the rules … Continue reading

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Posted in Arbitration, Handbook Policies, Labor, New Legislation, Supreme Court | Tagged , , , , | Leave a comment

Supreme Court Rules Employee First Amendment Rights Trump Public-Sector Union “Agency Fees”

On June 27, 2018, the United States Supreme Court issued one of the most anticipated decisions of the year, ruling that nonunion workers cannot be forced to pay fees to public-sector unions.  In the Janus v. American Federation of State, County, and Municipal Employees Council (“AFSCME”) case, Illinois state employee Mark Janus challenged the $45 monthly fee he paid to the public-sector AFSCME union.  Janus was not a member of the AFSCME union.  However, public-sector employees who declined to join … Continue reading

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SUPREME COURT SIDES WITH THE EEOC AGAINST ABERCROMBIE & FITCH IN HIRING PRACTICE CASE ADDRESSING RELIGIOUS DISCRIMINATION

The Supreme Court issued a controversial decision which should prompt Employers to review their hiring practices and criteria.  In the recent EEOC v. Abercrombie & Fitch case, the Supreme Court ruled that Abercrombie & Fitch discriminated against Samantha Elauf (“Elauf”) based on her religious practice of wearing a headscarf. Elauf, a Muslim, wore her headscarf to her Abercrombie & Fitch job interview.  During the interview, neither Elauf nor Abercrombie & Fitch representatives discussed her religion or her headscarf.  However, after … Continue reading

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Posted in EEOC, Reasonable Accommodation, Reasonable Accomodation, Religious Discrimination, Supreme Court, Title VII | Tagged , , , | Leave a comment

Update on Seattle’s Minimum Wage Ordinance

The Seattle Office for Civil Rights recently released its proposed rules for Seattle’s $15 per hour minimum wage ordinance.  These administrative rules attempt to clarify initial issues raised with the ordinance, such as when employees must be paid the City’s minimum wage when working in Seattle on an “occasional basis,” which employees are exempt from the City’s minimum wage, and when “service charges” for hospitality employees are considered part of the employee’s wage. The City Office for Civil Rights is … Continue reading

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Posted in Legal Updates, Seattle, Uncategorized, Wage and Hour, Wage and Hour | Tagged , , , , , , | Leave a comment

Penalties and Transitional Relief Under the Affordable Care Act

On January 1, 2015, the “employer shared responsibility” penalty, a core provision of the Affordable Care Act (a.k.a. “ACA” or “Obamacare”), becomes effective.  While the penalty is substantial, there is some transitional relief from the penalty available to some employers who meet specific qualifying criteria. The employer shared responsibility provision requires large employers to offer affordable health insurance that provides minimum value for all full-time employees or pay a penalty.  If the employer does not offer health coverage to at … Continue reading

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