Washington Extends Stay-at-Home Order and Puts Plan in Place to Reopen

On May 4, 2020, Washington Governor Jay Inslee issued Proclamation 20-25.3, extending Washington’s “Stay Home, Stay Healthy” proclamation, which was set to expire on May 4, 2020, to May 31, 2020. The governor’s office also released Washington’s Safe Start plan, detailing a four-phase approach to reopen the state in three-week intervals, which may be adjusted depending on various risk indicators.

Employees at High Risk for Severe COVID-19 Illness May Be Entitled to Job Protections in Washington State

Washington State recently issued new protections for workers who are at “high risk” of severe illness or death from COVID-19. The protections, created by Governor Jay Inslee’s Proclamation 20-46, affect both essential businesses and nonessential businesses expecting to reopen between April 13 and June 12, 2020, when the emergency proclamation expires, unless it is lawfully extended in accordance with Washington’s emergency powers laws.

Washington Governor Inslee Issues “Stay Home – Stay Healthy” Proclamation

On March 23, 2020, Governor Jay Inslee issued Proclamation 20-25 directing all residents immediately to heed current state public health directives to stay home. According to the proclamation, “[a]ll people in Washington State shall immediately cease leaving their home or place of residence except: (1) to conduct or participate in essential activities, and/or (2) for employment in essential business services.”

New Year, New Minimum Rates: State-by-State Minimum Wage Updates for 2020

In 2020, a number of states’ minimum wage rates will increase. The following chart lists the states’ (and certain major localities’) minimum wage increases for 2020—and future years if available—along with the related changes in the maximum tip credit and minimum cash wage for tipped employees. The federal minimum wage will remain at $7.25 per

Washington Supreme Court Approves Trucking Industry Piece-Rate Compensation Practices

Last year, the Washington Supreme Court considered the following certified question: “Does the Washington Minimum Wage Act require non-agricultural employers to pay their piece-rate employees per hour for time spent performing activities outside of piece-rate work?” On September 5, 2019, the court answered with a resounding no.

Changes on the Horizon for Washington State’s Pay Equity Law: Salary History Inquiries

On May 9, 2019, Washington State governor Jay Inslee signed House Bill 1696, “an act relating to wage and salary information.” The new law is similar to legislation being promulgated throughout the country, including by Washington’s neighbor to the south, Oregon. This law will become effective on July 28, 2019.

Salary History Is Not Quite History in the Ninth Circuit, According to Supreme Court

On February 25, 2019, in a much awaited decision, the Supreme Court of the United States issued a per curiam ruling in Yovino v. Rizo, No. 18-272, 586 U.S. ___ (2019). Rather than address the substantive issue of whether an employer may rely on salary history to establish starting pay under the federal Equal Pay Act (EPA), the Court vacated and remanded the matter on a procedural—yet still important—issue.

Due Process and Primary Jurisdiction Defenses to Website Accessibility Claims Fall Like Dominoes in the Ninth Circuit

The Ninth Circuit Court of Appeals issued its highly-anticipated website accessibility opinion in Robles v. Domino’s Pizza, reaffirming the obligation to make retailers’ websites accessible and rejecting the due process and primary jurisdiction arguments commonly asserted by defendants in website accessibility litigation.

“Ban The Box” Turns 20: Decoding the Current Framework

Twenty years ago, on a warm summer day, Hawaii enacted a restriction on employer inquiries into an applicant’s work history until after a conditional offer of employment. Intended to give applicants with criminal histories a fair shot at employment, the law—the first state “ban the box” law—crystalized a movement that, in time, would yield similar restrictions in 12 states and 17 localities (for private employers). The result is a crisscrossing jumble of requirements with little uniformity, putting employers in a difficult position when dealing with applicants (and sometimes even existing employees) in different jurisdictions.

Process Safety Management, Union Style

If you’ve ever wondered what a process safety standard drafted by a union would look like, the State of Washington’s recent draft Process Safety Requirements for Petroleum Refineries provides a glimpse. Using California’s 2017 Process Safety Management for Petroleum Refineries as its baseline, Washington’s Department of Labor and Industries released a draft of a process safety management standard that would apply to the state’s 5 petroleum refineries.

Recent Amendments to Seattle’s Paid Sick and Safe Time Ordinance Will Take Effect on January 1, 2018

With Washington State’s paid sick leave law taking effect on January 1, 2018, Washington employers should be prepared to implement statewide policies in addition to policies covering employees in SeaTac, Seattle, Spokane, and Tacoma. However, employers should not overlook changes to the Seattle Paid Sick and Safe Time (PSST) Ordinance that were adopted on December 15, 2017.

New Year, New Pay: A State-by-State Roundup of Minimum Wage Increases for 2018

In 2018, the federal minimum wage will remain at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. The following table summarizes the statewide minimum wage increases that have been announced for 2018, along with the related changes to the maximum tip credit permitted and minimum cash wage allowed for tipped employees.

Washington State’s Paid Sick and Safe Leave Update: The Administrative Regulations Are Finally Final

Washington’s Department of Labor and Industries has now concluded its process for drafting and finalizing the regulations for implementing Washington’s paid sick leave law, which becomes effective on January 1, 2018. Now employers can finish drafting legally compliant paid sick leave policies. The complementary enforcement regulations are still a work in progress and are not expected to be finalized until at least mid-December 2017.