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

Posted on March 18, 2020 by Chris Hilgenfeld

Employers are faced with dealing with a variety of laws in handling the COVID-19 pandemic.  The EEOC issued Guidelines in 2009 (“2009 Guidelines”) that were designed to help employers deal with a pandemic while also being compliant with the ADA.  A pandemic is a global “epidemic”.  The 2009 Guidelines were designed to address the H1N1 pandemic scare. The 2009 Guidelines include a discussion regarding disability-related inquiries, permissible medical examinations, “direct threat” issues and reasonable accommodation obligations.  The Guidelines also include … Continue reading →

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Davis Grimm Payne & Marra Has Moved Offices

Posted on September 4, 2019 by Erik Laiho

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

Posted on June 26, 2019 by admin

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

Posted on April 15, 2019 by Joseph Marra

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

Posted on March 27, 2019 by admin

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

Posted on March 22, 2019 by Erik Laiho

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

Posted on November 1, 2018 by Josh Brittingham

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

Federal Judge Dismisses EEOC Case Based on Lack of Details in Complaint

Posted on November 1, 2018 by admin

Recently, a federal judge in the District of Columbia dismissed an Equal Employment Opportunity Commission (“EEOC”) lawsuit against Walmart on procedural grounds relating to the level of detail required in a complaint.  This case serves as a reminder of the the necessary elements for a reasonable accommodation claim.  In this case, two employees with hearing limitations alleged that the managers at the Walmart store where they worked failed to accommodate their disability.  The two employees had sought sign language interpretation … Continue reading →

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

Posted on September 11, 2018 by admin

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 admin

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