The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities

Posted on September 11, 2018 by Margaret Davis

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 →

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

Final Administrative Rules for Seattle Paid Sick and Safe Time Ordinance and a Change Regarding “Normal Hourly Compensation”

Posted on June 27, 2018 by Margaret Davis

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 →

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Posted in Leave Laws, Legal Updates, New Legislation, Paid Leave, Safe Time, Seattle, Secure Scheduling, Sick Leave | Tagged , , , | Leave a comment

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

Posted on June 27, 2018 by Erik Laiho

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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New Law Limits Discovery in Washington Law Against Discrimination Suits

Posted on May 2, 2018 by Margaret Davis

On March 15, 2018, Washington governor Jay Inslee signed Senate Bill 6027 into law.  This law impacts discovery in cases brought under the Washington Law Against Discrimination (“WLAD”).  The law becomes effective on June 7, 2018.  This law states that a plaintiff who seeks non-economic damages (such as emotional distress) under WLAD does not thereby waive the privileged status of his or her medical records.  A plaintiff will be deemed to have waived the privilege of his or her medical records … Continue reading →

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Posted in Discovery, Medical Records, New Legislation, Washington Law Against Discrimination, WLAD | Tagged , , , , | Leave a comment

Employer Tax Credit Available for Paid FMLA leave

Posted on February 28, 2018 by Margaret Davis

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 →

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Posted in FMLA, Leave Laws, Paid Leave | Tagged , , , , | Leave a comment

Proposed Changes to Seattle’s Paid Sick and Safe Time and Secure Scheduling Include Eliminating Union Waiver

Posted on November 20, 2017 by Selena Smith

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 →

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Posted in Labor, Leave Laws, Safe Time, Seattle, Secure Scheduling, Sick Leave | Tagged , , , | Leave a comment

New Year, New Paid Sick Leave Law

Posted on October 19, 2017 by Erik Laiho

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 →

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Posted in Leave Laws, Sick Leave, Wage and Hour | Leave a comment

ADA Reasonable Accommodations Seminar – Best Practices for Employers to Avoid Liability
May 5, 2016 · 10:00-11:30 a.m. · Columbia Center, Seattle

Posted on April 26, 2016 by Selena Smith

Employment law can be complicated, especially regarding the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). To help employers minimize their risk of liability, labor and employment law attorney Selena Smith is partnering with the Association of Washington Business to host a seminar on May 5.  Selena Smith will discuss employers’ legal obligations and rights, as well as best practices for addressing employees’ disabilities. Attendees will learn: Legal Obligations Regarding Reasonable Accommodations Effective Strategies for … Continue reading →

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Posted in ADA, Firm News, FMLA, Reasonable Accommodation, Seattle, Seminar | Tagged , , , , | Leave a comment

NLRB – Average Time Between Petition Filing and Union Election is Just 23 Days.

Posted on March 14, 2016 by Selena Smith

The NLRB recently published the average time between the filing of a petition for an election and the election date under the NLRB’s new “quickie” election rules.  The average time (23 days) has decreased by two weeks in comparison to the prior election procedures.  This leaves significantly less time for companies to campaign against unions.  The election rules make it even more imperative for companies to promptly respond to unionization efforts in their workplaces.  For guidance on lawful campaign strategies, … Continue reading →

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Posted in Elections, Labor, Legal Updates, NLRB | Tagged , , | Leave a comment

COURTS ORDER REINSTATEMENT FOR EMPLOYEES WHO ENGAGED IN OFFENSIVE AND PROFANE SOCIAL MEDIA CONDUCT TOWARDS THEIR EMPLOYER

Posted on October 23, 2015 by Erik Laiho

Over the last several years, the National Labor Relations Board (“NLRB”) has issued several decisions overturning employer discipline for employee conduct on social media.  In a recent decision by the Second Circuit Court of Appeals, the federal court upheld the NLRB’s decision and ordered reinstatement for employees who posted a profane comment and approved an offensive post about their employer.  This appeals court decision contains some important warnings for employers who are considering discipline for employees’ negative social media conduct. … Continue reading →

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Posted in Handbook Policies, Labor, Legal Updates, NLRB, Social Media | Tagged , , , , | Leave a comment