Washington’s New Long-term Care Benefit Program: Important Deadlines Loom!

In 2021, Washington established a long-term care benefit program for Washington workers called the WA Cares Fund. In short, the program implements a mandatory 0.58 percent payroll deduction on employee wages to create a state trust fund, which, beginning in 2025, will be used to fund certain long-term care costs for eligible Washington workers. Each eligible Washington worker is entitled to a lifetime benefit of up to $36,500, which will be adjusted annually for inflation. The regulatory scheme implementing the program is still being developed, and we will update the below information on our Washington blog about the program as the regulatory rules are finalized and implemented.

Washington’s New Workplace Safety Law: What Staffing Agencies and Employers Need to Know

On April 14, 2021, Washington governor Jay Inslee signed into law Substitute House Bill (SHB) 1206, creating new requirements for staffing agencies and worksite employers utilizing temporary employees to provide training on workplace safety and health hazards. Under the new law, worksite employers must notify staffing agencies about the anticipated job hazards temporary employees will likely encounter, and provide specific training to temporary employees on those hazards.

Seattle City Council Approves Legislation Requiring Grocery Businesses to Provide $4/Hour Hazard Pay

On January 25, 2021, the Seattle City Council approved Council Bill 119990 (also referred to as the “hazard pay ordinance”), which establishes $4 per hour COVID-19 hazard pay for grocery employees working in the City of Seattle. Below is a chart summarizing the key provisions of the hazard pay ordinance.

Time to Vote: Employee and Employer Voting Leave Rights and Obligations for the 2020 Elections

Elections in the United States are scheduled for Tuesday, November 3, 2020. Not only will the office of president of the United States be contested, but all 435 seats in the U.S. House of Representatives and 35 of the 100 seats in the U.S. Senate are up for grabs. At the state level, elections will be held for the governorships of 11 U.S. states and 2 U.S. territories.

Ninth Circuit Gives California Employers a Break in Defending Rest Period Claims

In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim for improper rest breaks under California law where the employer allegedly had a facially defective written rest break policy.

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.