Employer Vaccination Policies and Religious Liberty

Employer Vaccination Policies and Religious Liberty By Joshua Daniel Brittingham As an employer, your plate is full with the COVID-19 pandemic. You have grappled with masking, distancing, and physical barrier requirements for over a year, earnestly working to keep your customers and employees safe—and struggling to remain compliant with a moving target of regulations. Now, you are also forced to think through the implications that come with widely available vaccinations. Should you mandate or incentivize employee vaccination? These issues alone … Continue reading

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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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ARE YOU READY ON COVID-19 SAFETY IF A DOSH INSPECTOR COMES KNOCKING?

Your small business has worked hard to grapple with COVID-19 safety rules. You genuinely care about employee safety. You have paid attention to the CDC guidelines and followed them dutifully. You have implemented a mask policy, increased cleaning of common areas, and required physical distancing. You feel as if you’ve “checked the box” on COVID-19 compliance. Suddenly, a knock at the door of your business reveals an inspector from the Washington State Department of Labor & Industries Division of Occupational … Continue reading

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May Employers Require Employees to Get a COVID-19 Vaccine?

Many employers are considering whether they can or should require employees to get the COVID-19 vaccine once it is available.  Distribution and availability of the vaccine is such that the general public does not yet have access to it, but employers should begin considering how they want to address this issue. As with any topic that involves the health and medical care of employees, employers should know to proceed cautiously.  There are a number of factors that should be considered … Continue reading

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Washington’s Travel Advisory

Governor Inslee’s November 13 Travel Advisory states that persons arriving to Washington from other states or countries should self-quarantine for 14 days after arrival.  This does not apply to those involved in Essential Travel. Washington residents are further encouraged to stay home, or stay within their region of the state, as doing so reduces the risk of COVID-19 transmission to other parts of the state.

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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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ESD Q&A – CARES Act Federal Stimulus

(as of April 21, 2020) Washington ESD has provided the following Q&A as it relates to the CARES Act federal stimulus package: Q: I heard there is legislation that has passed to expand unemployment insurance, how does this affect me? A: This legislation will likely help many people, including people who typically don’t qualify for unemployment benefits – including those who don’t have the usually required 680 hours. We are working as quickly as possible to implement the changes under the … Continue reading

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Mine Operators and COVID-19

FLEXIBILITIES FOR MINE OPERATORS The Mine Safety and Health Administration will work with mine operators when it comes to the following recertifications: Annual refresher training certification (30 CFR Part 46) Surface and underground annual refresher training certification (30 CFR Part 48) Certified person; sampling (30 CFR §§ 70/71/90.202) Certified person; maintenance and calibration (30 CFR §§ 70/71/90.203) Exemptions to recertifications will not be granted; however, their due dates will be extended by at least the time the government is operating … Continue reading

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ESD Emergency Rulemaking

Here is a summarized list of the emergency rules promulgated by ESD related to COVID-19: March 25, 2020 CR 103E (Shared Work)| Emergency rules (3/25/2020) The emergency rule makes changes to shared work eligibility.   March 24, 2020 CR 103E (Job search optional)| Emergency rules (3/24/2020) The emergency rule makes changes to job search requirements for Unemployment Insurance claimants.   March 20, 2020 CR 103E (Consolidated Standby Rules, March 9, March 13, and March 20, 2020)| Emergency rules (3/20/2020) The emergency rule consolidates standby emergency rules from … Continue reading

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