WA – ManagEase

Washington: No Separate Rate for Non-Piece Work Time

December 4, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers of WA Employees

EFFECTIVE

September 5, 2019

QUESTIONS?

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(888) 378-2456

In Sampson v. Knight Transp., Inc., the Washington Supreme Court told a federal district court that the Washington Minimum Wage Act (MWA) does not require non-agricultural employers to pay piece-rate employees per hour for time spent performing activities outside of piece-rate work. As long as employee total wages for the week do not fall below the statutory minimum wage for each hour worked, the employer is in compliance with the MWA.

Washington: Salary History Inquiry Ban and Sexual Harassment Updates

October 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Certain Employers with WA Employees, as indicated

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Washington Legislature has enacted a number of laws over the past few months. Below is a summary of legislative updates and key court decisions that impact employers.

Salary History Inquiry Prohibition

Yet another statewide salary history ban! Like Illinois and Nevada, the Washington legislature amended the state’s Equal Pay Act to prohibit salary history inquiries in an effort to promote fair pay practices. As of July 28, 2019, employers may not seek salary history information from applicants, though employers are permitted to verify information voluntarily disclosed by the applicant, or after the employer has extended an offer of employment containing compensation.

Washington: Recent Employment Updates

September 30, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with WA Employees

EFFECTIVE

July 28, 2019, unless otherwise noted

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Washington enacted several new laws before the close of this year’s legislative session; key provisions are summarized below.

Domestic Violence Resources Poster. Employers must now post a Domestic Violence Resources poster in a conspicuous location.

Lactation Accommodations. Employers are required to provide reasonable break time for an employee to express breast milk for up to two years after birth each time the employee needs to express the milk. Employers must provide a private location, other than a bathroom, for lactation. If the business location does not have a lactation space, the employer must work with the employee to identify a convenient location and work schedule to accommodate their needs.

August Updates

August 12, 2019/0 Comments/in HR Alerts /by ManagEase

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Varies

EFFECTIVE

Varies

QUESTIONS?

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(888) 378-2456

This Short List addresses the following topics:

EEO-1 Component 2 Reporting Resources Issued
IRS Announces 2020 Health Savings Account Limits
U.S. DOL Launches New Website for Wage Determination Data
Sixth Circuit: FLSA Coverage Implicated by Using Out-of-State Products
California: Sonoma, CA Minimum Wage Increases as of January 1, 2020
Nevada: No Sexual Harassment Confidentiality in Settlement Agreements
New Jersey: Discrimination Claim Does Not Require an Adverse Employment Action to Proceed
New Jersey: Hotel Employers Must Provide Panic Buttons for Employees
New Jersey: State Protections May Extend to Out-of-State Employees
New York: Farmworkers Win the Right to Collectively Bargain
Rhode Island: The Airline Deregulation Act Preempts State Sunday and Holiday Pay Laws
Washington: Obesity is a Protected Class by Itself

Washington: Equal Pay Law Expanded; Salary History Inquiries Now Prohibited

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Certain Employers with WA Employees, as indicated

EFFECTIVE

July 28, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

House Bill 1696 again expands Washington’s existing equal pay legislation, the Equal Pay and Opportunities Act (EPOA). New amendments to the EPOA include (1) prohibiting employers from inquiring into job applicants’ prior salary history, and (2) requiring employers to provide salary range information to applicants and employees.

Washington: Non-Compete Agreements Unenforceable on Employees Earning Less than $100k

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with WA Employees and Independent Contractors

EFFECTIVE

January 1, 2020

QUESTIONS?

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(888) 378-2456

Since 2016, a number of states have amended non-compete statutes to provide greater employee protections. Washington has followed this trend as of May 8, 2019, passing HB 1450 which establishes a minimum compensation threshold for enforcement of non-compete agreements.

Washington: Added Harassment Protections in the Hospitality and Adult Film Industries

June 17, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

Employers of WA Employees in the Hospitality and Adult Film Industries

EFFECTIVE

As indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

SB 5258 amends the Washington Law Against Discrimination to add the following requirements applicable to hotel, motel, retail, security guard entity, or property services contractor employers whose workers spend a majority of their working hours alone.

Adopt a sexual harassment policy;
Provide mandatory supervisor/manager training on sexual harassment, sexual assault, and discrimination;
Provide employees with a designated list of resources to combat sexual assault and harassment;
Provide a panic button to employees (excluding contracted security guard companies); and
Reporting requirements for property services contractors.

Hotel and motels with 60 or more rooms must meet these requirements by January 1, 2020. All other applicable employers must meet the requirements by January 1, 2021.

Washington: New Administrative Policy on Tips

April 10, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with tipped WA employees

EFFECTIVE

March 6, 2019

QUESTIONS?

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(888) 378-2456

The Washington Department of Labor & Industries recently issued an administrative policy providing guidance on tips, gratuities, and service charges under the Washington Minimum Wage Act. Key portions of the policy include:

Ninth Circuit: Joint Employers Are Liable for Non-Workplace Matters Under Title VII for H-2A Workers

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Employers with AK, AZ, CA, HI, ID, MT, NV, OR, WA, Guam, or Northern Mariana Islands Employees with H-2A Visas

EFFECTIVE

February 6, 2019

QUESTIONS?

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(888) 378-2456

In EEOC v. Global Horizons, Inc., the Ninth Circuit stated that because employers of H-2A workers are required to provide housing, meals and transportation as “material terms and conditions” of their employment, these employers can be liable for such non-workplace matters under Title VII, even if the employers contract with a third party to provide those work benefits. There, two orchard growers hired Global Horizons as their staffing firm to recruit agricultural workers using H-2A visa authorizations. Two of the workers filed a discrimination claim against the growers and Global Horizons, claiming poor working conditions, substandard living conditions, and unsafe transportation based on their race and national origin.

Washington: Employers Have Strict Liability for Employees’ Discriminatory Conduct Toward Non-Employees

March 7, 2019/0 Comments/in HR Alerts /by ManagEase

APPLIES TO

All Public Accommodation Employers with WA Employees

EFFECTIVE

January 31, 2019

QUESTIONS?

Contact HR On-Call

(888) 378-2456

In Floeting v. Group Health Collective, the Washington Supreme Court stated that employers are strictly liable for discriminatory conduct employees engage in toward non-employees in places of public accommodation, even if the employer did not know about the behavior. Places of public accommodation are defined as all facilities used by the public, such as banks, hotels, restaurants, medical provider’s offices, education facilities, etc.

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