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Washington: Ban-the-Box, Sexual Harassment, Equal Pay Law, and Discrimination Updates

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June 6 and 7, 2018

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The state of Washington recently passed several bills that affect employer practices.  HB 1298 created the Fair Chance Act prohibiting applicant criminal inquiries, SB 5996 prohibits employers from requiring employees to sign nondisclosure agreements regarding harassment or sexual assault, HB 1506 updates and expands the statewide Equal Pay Act, and HB 2661 prohibits discrimination of victims of domestic violence.

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Spokane, WA: New Ban-the-Box Ordinance Limits Criminal History Inquiries

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June 14, 2018

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Employers based in Spokane, Washington will soon need to comply with new ban-the-box provisions.  With narrow exceptions, the Fair Chance Hiring Act prohibits employers from broadly disqualifying or making employment decisions based solely on criminal history.

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Seattle, WA: New Changes to Paid Sick and Safe Ordinance

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January 14, 2018

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Washington’s statewide paid sick leave law went into effect on January 1, 2018, requiring employers to create a paid sick leave policy that offers the correct level of benefits depending on various localities’ own regional paid sick and safe time laws. In late December, Seattle amended its own Paid Sick and Safe Ordinance to more closely align with the statewide law. Although Seattle has required employers to provide paid sick and safe time (“PSST”) in some manner since 2012, the newest amendments were recently implemented as of January 14, 2018. Key changes are summarized below.

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Washington: Healthy Start Act Requires Accommodation for Pregnant Employees, With or Without Disability

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January 1, 2018

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Washington State’s Healthy Starts Act (the “Act”) requires covered employers to provide pregnant employees with reasonable accommodations.  In contrast to federal and other state anti-discrimination laws, some accommodations must be provided regardless of disability or medical certification, and regardless of whether such accommodations may cause the employer undue hardship.

The Act applies to employers of 15 or more Washington employees.  Key provisions of the Act are summarized below.

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Ninth Circuit: DOL’s 80/20 Tip Credit Rule is Invalid

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September 6, 2017

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The Department of Labor (“DOL”) permits employers to give a tip credit to tipped employees who spend no more than 20% of their time performing non-tipped duties. In Marsh v. J. Alexander’s, LLC, the Ninth Circuit noted that this rule is only found in the Field Operations Handbook used by the DOL as guidance for investigations by field officers, rather than in a statute or regulation; as a result, the court stated it was not valid.

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Washington: Supreme Court Clarifies Meal Break Requirements

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August 10, 2017

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Requirements for the timing and length of an employee’s meal break may vary from state to state.  In Washington, an employee who works five or more consecutive hours must be provided a minimum 30-minute meal period, unless the employee chooses to waive the meal break period. The Washington Supreme Court recently clarified the standard to determine an employer’s liability for a missed meal break.

Specifically, the state supreme court stated that a when an employee provides evidence that he or she did not receive a timely meal break, a greater burden exists on employers to prove that no violation of the Washington Administrative Code § 296-126-092 truly occurred.  An employer merely providing an employee the opportunity to take a meal break may not be sufficient to resolve employer liability. Rather, the employer must demonstrate either that no violation occurred and that the employee was actually provided a meal break, or that a valid meal waiver exists.

Action Items

  1. Revise procedures to ensure start and end times of employee meal periods are documented.  If an employee elects to waive a meal period, obtain a signed waiver from the employee.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2017 ManagEase, Incorporated.

Washington: Pregnant Employees Must be Accommodated Regardless of Disability

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July 23, 2017

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Washington’s Health Starts Act (the “Act”) imposes new obligations on employers with pregnant employees.  In a departure from the federal Americans with Disabilities Act (“ADA”), the Act requires employers to provide reasonable accommodations to pregnant employees regardless of whether or not the employee is disabled by their pregnancy.  The Act provides a list of reasonable accommodations employers may need to provide, and includes other important restrictions on medical certification and the “undue hardship” exemption.

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September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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Washington: State Enacts Job-Protected, Paid Family and Medical Leave

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January 1, 2019

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As of July 5, 2017, Washington joins a few other states in requiring job-protected, paid family and medical leave.  Senate Bill 5975 implements the new leave, providing some of the highest income replacement benefits in the nation. Employees may use this leave for the serious health condition of an employee or a family member; the birth, adoption, or placement of a child; or for a qualifying exigency under the Family Medical Leave Act (“FMLA”).

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June Updates

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This Short List addresses the following topics:
  1. IRS Announces 2018 Health Savings Account Limits
  2. Colorado: Wage Violations are Now Public Record
  3. Missouri: Minimum Wage Preemption Bill Soon to be in Effect
  4. Oregon: Final Rules to Implement Retirement Savings Program Published
  5. Washington: Statewide “Blacklist” Statute Revives the Defunct Federal Rule
  6. Minnesota: Preliminary Rules, Other Resources for Minneapolis/St. Paul Paid Sick Leave Now Available
  7. Pittsburgh, PA: Paid Sick Leave Confirmed Off the Table; Appeal Expected

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