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

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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

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COVID-19 and the Union (as of April 1, 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

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COVID-19 and the ADA (as of March 18, 2020)

(as of April 21, 2020) On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on issues concerning the Americans with Disabilities Act (“ADA”) , and employer obligations related to COVID-19.  The Q&A Section is provided below: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers All EEOC materials related to COVID-19 are collected at eeoc.gov/coronavirus. The EEOC enforces workplace anti-discrimination laws, including the Americans with … Continue reading

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Davis Grimm Payne & Marra Has Moved Offices

The Firm is pleased to announce that it has moved its office to a new floor in the Columbia Tower.  Effective September 9, 2019, the Firm’s new address is: 701 5th Ave. Suite 4850 Seattle, WA 98104-7094   The Firm’s phone number and fax number will remain the same.  Individual direct phone numbers and email addresses will also remain the same. If you have any questions concerning the Firm’s move, please call at (206) 447-0182.

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New Washington Law Restricts Non-Competition Agreements

In May 2019, Governor Jay Inslee signed a new bill into law, restricting non-competition agreements in Washington.  The law makes non-competition agreements for employees earning less than $100,000 per year unenforceable.  For employees earning over $100,000 annually, it creates the presumption that such an agreement for a period longer than 18 months is unreasonable and unenforceable.  The law also makes non-competition agreements for independent contractors earning less than $250,000 annually unenforceable.  These salary thresholds will be adjusted annually due to … 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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National Labor Relations Board Rejects Attempt to Expand Weingarten Rights

The National Labor Relations Board (“NLRB”) issued a decision this year that serves as a reminder to employers about their responsibilities when an employee requests union representation during an investigatory interview (referred to as “Weingarten rights”).  See YRC Inc., d/b/a YRC Freight, 360 NLRB No. 90 (April 30, 2014).  In YRC Freight, the NLRB reiterated that an employer does not violate an employee’s Weingarten rights or rights under the National Labor Relations Act (the “Act”) when it discontinues an interview … Continue reading

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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

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Posted in Firm News, Leave Laws, New Legislation, Paid Leave, Seminar, Sick Leave, Washington Law Against Discrimination, Washington Paid Family and Medical Leave, WLAD | Tagged , , , , | Leave a comment

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

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Posted in Firm News, Leave Laws, New Legislation, Paid Leave, Seminar, Washington Paid Family and Medical Leave | Tagged , , , , | Leave a comment