The Never-Ending Story: Employment Laws in Washington Presented by Ashley Wiltbank

The Never-Ending Story: Employment Laws in Washington

Presented by Ashley Wiltbank

Vigilant counsels companies on challenging employment issues across the Northwest and California

Our Competencies:

• Human Resource Management • Employment Law• Safety• Employee Benefits• Workers’ Compensation• Management Training & Leadership

Development

Employment Laws – the Big Picture

Laws that Affect Washington Employers

• Almost 60 employment-related laws (both federal and state)



• Ever heard of?– Blacklisting of Employees (RCW 49.44.010)



• Ever heard of?– Blacklisting of Employees (RCW 49.44.010)– Crime Victims’ Leave (RCW HB 2602)



• Ever heard of?– Blacklisting of Employees (RCW 49.44.010)– Crime Victims’ Leave (RCW HB 2602)– Discrimination in Apprenticeship Programs (RCW

49.04.100 & 49.04.130)




49.04.100 & 49.04.130)– Employment Records Destruction (RCW 49.12.050)




49.04.100 & 49.04.130)– Employment Records Destruction (RCW 49.12.050)– Firefighter Leave (RCW 49.12.460)




49.04.100 & 49.04.130)– Employment Records Destruction (RCW 49.12.050)– Firefighter Leave (RCW 49.12.460)– Mental Health Benefits (RCW 48.21.241)

Employment Laws - Federal

Fair Pay Act

• Effectively erases the statute of limitations for compensation discrimination claims– The clock within which an employee must file a claim

resets with each paycheck– Signed into law in January 2009 but is retroactive to

May 28, 2007

Federal Family and Medical Leave Act

• Qualifying exigencies– Applies when

• an employee’s spouse, son, daughter, or parent• is an active member of the Armed Forces, National

Guard, or Reserves • and has been notified of an impending call or order

to active duty


• Qualifying exigencies– Seven categories

• Military events



• Military events• Childcare and school



• Military events• Childcare and school• Financial and legal



• Military events• Childcare and school• Financial and legal• Counseling



• Military events• Childcare and school• Financial and legal• Counseling• Short-term deployment



• Military events• Childcare and school• Financial and legal• Counseling• Short-term deployment• Rest and recuperation



• Military events• Childcare and school• Financial and legal• Counseling• Short-term deployment• Rest and recuperation• Post-deployment



• Military events• Childcare and school• Financial and legal• Counseling• Short-term deployment• Rest and recuperation• Post-deployment• (Other activities as approved by employer)

Genetic Information Non-Discrimination Act (GINA)

• Prohibits group health plans and health insurance companies from denying enrollment based on genetic information



• Prohibits increasing group premiums based on the genetic information of one person/enrollee




• Wellness plans are affected, too – can’t offer an individual a reward for completing a health risk assessment that requests genetic information




• Wellness plans are affected, too – can’t offer an individual a reward for completing a health risk assessment that requests genetic information

• Posting requirements– A supplemental poster– A stand-alone GINA poster

Employment Laws – Washington state

Everything but Marriage

• Extends the same benefits spouses receive to – registered, same-sex domestic partners or – heterosexual partners where one is 62 or older



• Essentially does everything but redefine marriage under state law (thus, the name)




• Affects all state leave benefits, but not federal FMLA




• Affects all state leave benefits, but not federal FMLA

• Likely doesn’t apply to self-insured health plans

Leave for Military Spouses

• Spouses of military personnel may take 15 days unpaid leave from work – before and up to the date of spouse’s deployment

or – during the spouse’s break from deployment

Leave for Domestic Violence Victims

• Allows victims of domestic violence, sexual assault or stalking

• To take reasonable or intermittent leave from work

• Paid or unpaid

• To take care of legal or law enforcement needs or get medical treatment, social-services assistance or mental-health counseling

Discrimination Based on Marital Status

• Prohibits discrimination on the basis of marital status or a spouse’s identity or employment

Discrimination Based on Marital Status

• Prohibits discrimination on the basis of marital status or a spouse’s identity or employment

• Exception for bona fide reason– One employee-spouse would directly supervise the

other employee-spouse

Washington Family Care Act

• Allows an employee to use accrued sick leave or other paid time-off



• To care for a sick child (under the age of 18) if health condition requires treatment/supervision




• To care for an older child who is incapable of self-care due to disability




• To care for an older child who is incapable of self-care due to disability

• Also applies to spouse, parent, parent-in-law, or grandparent with serious health condition or an emergency condition

We’re in this together. QUESTIONS?

For Vigilant membership information:• Reneé Huseby• [email protected]• 425-349-4477 or 800-733-8620• www.vigilantcounsel.org

Documents

The Never-Ending Story: Employment Laws in Washington Presented by Ashley Wiltbank