State Government Affairs Updates
The 2018 Regular Session convened on January 8, 2018 and ended on March 8, 2018.
Below is a summary of certain key employment law proposals in Washington State, as well as other case law that may affect human resource management in Washington State.
The following bills have been signed by the Governor:
Washington Fair Chance Act
2SHB 1298
Summary: Prohibits an employer from including any question on an application for employment, from inquiring either orally or in writing, from receiving information through a criminal history background check, or from otherwise obtaining information about an applicant’s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.
Requires the state attorney general’s office to enforce this act..
This law is effective 6/7/2018.
Equal Pay Act Update
2SHB 1506
Summary:Updates the existing state equal pay act to address income disparities, employer discrimination, retaliation practices, and the equal status of workers in this state.
- Modifies the Equal Pay Act by defining “similarly employed,” modifying defenses, and making other changes.
- Prohibits discrimination in providing employment opportunities based on gender.
- Prohibits retaliation for certain workplace discussions about wages and other matters..
Military Leave Calculation
HB 2851
Summary: Clarifies the calculation of military leave for officers and employees that work shifts spanning more than one calendar day.
If the officer or employee is scheduled to work a shift that begins on one calendar day and ends on the next calendar day, the officer or employee shall be charged military leave for only the first calendar day. If the officer or employee is scheduled to work a shift that begins on one calendar day and ends later than the next calendar day, the officer or employee shall be charged military leave for each calendar day except the calendar day on which the shift ends.
This law is effective 6/7/2018.
Sexual Harassment/Assault
SB 5996
Summary: Encouraging the disclosure and discussion of sexual harassment and sexual assault in the workplace.
This bill would prevent employers from requiring employees to sign nondisclosure agreements that prevents the employee from reporting sexual harassment or sexual assault.
This law is effective 6/7/2018.
Civil Service Employment Eligibility
SB 6145
Summary: Extends civil service employment eligibility to lawful permanent residents.
This law is effective 6/7/2018.
The following bills did not make cutoff and are not expected to advance:
Civil Service
HB 1182
Summary: Extends civil service employment eligibility to lawful permanent residents.
Fair Classification Act
SHB 1300
Summary: Establishes the employee fair classification act to simplify and enforce employee status under employment laws to ensure fairness to employers and employees and address the underground economy.
Public Employee Retirement Systems
HB 1560
Summary: Addresses plan membership default provisions in the public employees’ retirement system, the teachers’ retirement system, and the school employees’ retirement system.
- Changes default provisions to include PERS2 default for employees first employed after July 1, 2017.
Industrial Insurance Coverage for Stress-Caused Mental Disorders
HB 1655
Summary: Provides industrial insurance coverage for stress-caused mental disorders and disabilities of members of the law enforcement officers’ and firefighters’ retirement system.
- States that claims made by a member of the law enforcement officers’ and firefighters’ retirement system, based on mental conditions or mental disabilities caused by stress, fall within the definition of “occupational disease.”
- States that there is a prima facie presumption, in the case of firefighters and law enforcement officers who are covered under the state industrial insurance act, that posttraumatic stress disorder is an occupational disease.
Veterans’ Preference
HB 2137
Summary: Modifies the veterans’ scoring criteria in competitive examinations.
Presumption of Occupational Disease
HB 2633
Summary: Presumes occupational disease for purposes of workers’ compensation by adding medical conditions to the presumption and extending the presumption to certain publicly employed firefighters and investigators and law enforcement.
In the case of law enforcement officers as defined in RCW 41.26.030(18) (b), (c), and (e) who are covered under Title 51 RCW, there shall exist a prima facie presumption that: (i) Any heart problems or strokes, experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances, or experienced within twenty four hours of strenuous physical exertion in the line of duty; and (ii) infectious diseases are occupational diseases under RCW 51.08.140.
Sexual Harassment Claims
HB 2778
Summary: Protects personal information regarding sexual harassment claims.
This bill modifies RCW 42.56.250 and adds a new section to chapter 42.56 RCW, exempting from public disclosure the personal information of an agency employee who has made a claim with the employing agency of sexual harassment and has requested that his or her personal information not be disclosed without his or her consent. The agency must notify the employee who makes a claim of sexual harassment that the employee may request that his or her personal information not be disclosed.
Workplace Bullying
HB 2888
Summary:
Addresses workplace bullying by making it an unfair practice to subject an employee to an abusive work environment.
“Abusive conduct” is repeated conduct of an employer or employee in the workplace that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. In considering whether abusive conduct is present, a trier of fact should weigh the severity, nature, and frequency of the conduct. Abusive conduct may include, but is not limited to, infliction of verbal abuse such as the use of derogatory remarks, insults, and epithets; verbal or physical conduct that a reasonable person would find threatening, intimidating, humiliating, or isolating; or the gratuitous sabotage or undermining of a person’s work performance. A single act normally will not constitute abusive conduct, unless especially severe and egregious.
Equal Pay Act Update
SB 5140
Summary:Updates the existing state equal pay act to:
(1) Address income disparities, employer discrimination, and retaliation practices; and
(2) Reflect the equal status of all workers in the state.
Civil Rights Act Update
SB 5423
Summary: Revises the state civil rights act to provide:
(1) Legal recourse for employee who have been harmed by being deliberately subjected to abusive work environments; and
(2) Legal incentives for employers to prevent and respond to mistreatment of employees at work..
Retaliation and Discrimination
SB 5528
Summary: Addresses retaliation and discrimination against employees and providing protection for employees.
- It establishes a presumption of employer retaliation if an adverse employment action is taken against an employee within 90 days of that employee engaging in specific protected activities.
- An aggrieved individual may bring an individual or class action in court. If the court determines a violation occurred, the court must order statutory damages of $1,000 to $10,000, or $10,000 to $25,000 if the employer engaged in a pattern or practice of violations, and attorneys’ fees and costs.
Off Duty Conduct
SB 5667
Summary: Concerning the off-duty conduct of an employee or a prospective employee.
Ban the Box
SB 6110
Summary: Prohibiting employers from asking about arrests or convictions before an applicant is determined otherwise qualified for a position.
The 2017 Regular Session convened on January 9 and ended on April 23, 2017. The first Special Session began on April 23 ended on May 23. The second Special Session began on May 23 and ended on June 21. The third Special Session began on June 21 and ended on July 20, 2017.
Below is a summary of certain key employment law proposals in Washington State, as well as other case law that may affect human resource management in Washington State.
The following bills have been signed by the Governor:
UPDATING DEFINITION OF A VETERAN
SHB 1369
Summary: Updates definition of a veteran to include being in receipt of separation orders or documents that characterize his or her service as honorable.
OTHER THAN LEGISLATIVE ACTION
Apr 21: Governor signed.
Effective date: 7/23/2017
BACKGROUND CHECKS
HB 1620
Expands the authority of local governments to require criminal history background checks.
Status: Mar 1; Passed from House
OTHER THAN LEGISLATIVE ACTION
May 16: Governor signed.
Effective date: 7/23/2017
L&I APPEALS
HB 1629
Summary: Extends the redetermination timeline regarding appeals to the department of labor and industries from 15 days to 45 days.
- This extension is for L&I to make any redetermination, issue corrective notices of assessment of penalty, citations, etc.
- The 45-day extension must be agreed to by all parties.
OTHER THAN LEGISLATIVE ACTION
Apr 14: Governor signed.
Effective date: 1/1/2018.
PROMOTING HEALTHY OUTCOMES FOR PREGANANT WOMEN AND INFANTS
HB 5835
Summary: Among other things, requires an employer to provide reasonable accommodations to an employee for a pregnancy-related or childbirth-related health condition, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer’s business..
OTHER THAN LEGISLATIVE ACTION
May 16: Governor signed.
Effective date: 7/23/2017
The following bills did not meet cutoff to pass opposite chamber and should be considered dead:
CIVIL SERVICE EMPLOYMENT
HB 1182
Summary: Extends civil service employment eligibility to lawful permanent residents.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
PROHIBITING EMPLOYERS FROM ASKING ABOUT ARRESTS OR CONVICTIONS BEFORE AN APPLICANT IS DETERMINED OTHERWISE QUALIFIED FOR A POSITION
HB 1298
Summary: Establishes the Washington Fair Chance Act.
- Prohibits an employer from including any question on an application for employment, from inquiring either orally or in writing, from receiving information through a criminal history background check, or from otherwise obtaining information about an applicant’s criminal record until after the employer initially determines that the applicant is otherwise qualified for the position.
- Requires the state attorney general’s office to enforce this act.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
EQUAL PAY ACT
HB 1506
Summary: Updates the existing state equal pay act to address income disparities, employer discrimination, retaliation practices, and the equal status of workers in this state.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
PLAN MEMBERSHIP DEFAULT
HB 1560
Summary: Addresses plan membership default provisions in the public employees’ retirement system, the teachers’ retirement system, and the school employees’ retirement system.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
L&I COVERAGE FOR STRESS-RELATED DISORDERS
HB 1655
Summary: Provides industrial insurance coverage for stress-caused mental disorders and disabilities of members of the law enforcement officers’ and firefighters’ retirement system.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
REASONABLE PREGNANCY ACCOMMODATIONS
SHB 1796
Summary: Requires an employer to provide reasonable accommodations to an employee for a pregnancy-related or childbirth-related health condition, if so requested, with written certification from a licensed health care provider, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer’s business.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
ESTABLISHING THE WASHINGTON FAIR CHANCE ACT
SSB 5312
Summary: Prohibits an employer from including a question on an application for employment regarding information about the applicant’s criminal record until after the employer determines that the applicant is otherwise qualified for the position.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
CIVIL RIGHTS OF RELIGIOUS OBJECTORS TO MANDATORY PAYMENTS TO LABOR ORGANIZATIONS
SSB 5339
Summary: Accommodates the civil rights of religious objectors to mandatory payments to labor organizations.
Provision does not require “bona fide religious tenets or teachings of a church or religious body,” but instead only requires “personally held religious beliefs.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
BACKGROUND CHECKS
SSB 5399
Summary: Expands the authority of local governments to require criminal history background checks.
2017 1st Special Session:
Apr 24: By resolution, reintroduced and retained in present status.
2015
DOMESTIC PARTNERSHIPS AND PERS
HB 1036
Summary: Addresses public employees’ retirement system benefits for survivors of members in registered domestic partnerships before December 2012.
Status: Scheduled for executive session in the House Committee on Appropriations at 3:30 PM on Feb 5.
VETERANS’ SCORING CRITERIA
HB 1117
Summary: Revises veterans’ scoring criteria in competitive examinations.
Status: Public hearing in the House Committee on State Government at 10:00 AM on Jan 20.
PAID VACATION LEAVE
HB 1163
Summary: Requires minimum paid vacation leave for Washington workers. Requires the state institute for public policy to evaluate the impact of this act on the economy of the state and the health and well-being of employees.
Status: Public hearing in the House Committee on Labor at 8:00 AM on Jan 29.
WAGE PAYMENT FEES AND COSTS
HB 1211
Summary: Requires employers to offer a method of wage payment that allows an employee to obtain all of his or her wages in legal tender of the United States without fees or costs for the transaction.
Status: Public hearing in the House Committee on Labor at 8:00 AM on Jan 22.
2014
MANDATORY SICK AND SAFE LEAVE
HB 1313/SB 5594
Summary: This bill sets the minimum requirements of Tier 1-3 businesses for sick and safe leave. Basically, as one works, they acquire some amount of paid leave hours that can be accumulated and held year-to-year (the rates and amount vary by tier of business). When the leave is used correctly, the employee is fully compensated, besides tips and commissions. If this bill is violated in the workplace, a civil action may follow.
Status: House passed third reading; Senate waiting.
AFFADAVIT OF WAGES PAID CERTIFICATION EXEMPTION
HB 1254
Summary: If you are exempt from the requirement to pay the prevailing rate of wage under RCW 39.12.020 then L&I can’t charge a fee to certify an affidavit of wages paid.
Status: Delivered to the Governor
CELL PHONE REIMBURSEMENT
HB 2230
Summary: If it is required for an employee to use a cell phone for work, the employer must cover cell phone costs and cell phone plan costs.
Status: House passed to Rules Committee for second reading
PAID VACATION LEAVE
HB 2238
Summary: This bill would add a new chapter to Title 49 RCW that ensures that employers will enable employees to accrue paid vacation leave (at rates based on the seniority of the worker). Workers would be able to take this leave for various reasons, and they would be compensated. Employers would need to inform their workers about paid vacation leave, and be able to inform individuals on their amount accrued, if requested.
Status: Read in House Committee on Labor and Workforce Development
WHISTLEBLOWERS IN THE ELECTRICAL INDUSTRY
HB 2275/SB 6037
Summary: Whistleblowers in the electrical industry can remain anonymous. Also, employers may not take adverse action against a whistleblower.
Status: Third reading passed in Senate, House waiting.
DAMAGES FOR WAGE VIOLATIONS
HB 2332
Summary: Changed calculations for damages for wage violations, and enabled employees whom have knowingly submitted to violations of RCW 49.52.050 to benefit from RCW 49.52.070.
Status: House passed third reading; Senate waiting.
EMPLOYMENT ANTIRETALIATION ACT
HB 2333
Summary: If employment retaliation (RCW 49.46.101 section 2 subsection 8) occurs within 90 days of an incident (49.46 RCW section 3 subsection 1) then there is a gross misdemeanor charged against the employer. The employee that has been retaliated against or an interested party may file a claim that a director can investigate, and if it has been found that the claim is true, a civil penalty may be incurred. The employee or an interested party could also bring a suit against the employee. (There are other definitions, with only slight variations…)
Status: House passed third reading; Senate waiting.
EMPLOYEE FAIR CLASSIFICATION ACT
HB 2334
Summary: If an employer misclassifies an employee for gain (section 5), then a civil penalty may be ordered by the department to the employer (section 6), or an individual aggrieved by misclassification or an interested party may bring suit against the employer (section 7). There must be a conspicuous sign in the workplace notifying “individual contractors” of their right to be rightfully classified (section 8). Money gained under section 6 will be put into the state treasury, and used for enforcement of the act.
Status: House passed third reading; Senate waiting.
WASHINGTON JOBS ASSISTANCE ACT
HB 2545
Summary: Essentially makes it unlawful to reject an applicant before consideration, if they have been convicted of any crime.
Status: House passed to Rules Committee for second reading
MINIMUM WAGE
HB 2672
Summary: This bill would amend RCW 49.46.020 to change the minimum wage. 1/1/2015 to 1/1/2016 would be 10 dollars per hour. 1/1/2016 to 1/1/2017 would be 11 dollars per hour. 1/1/2017 to 1/1/2018 would be 12 dollars per hour. This bill would also make it so that on 9/30/2017 and every following September 30th, the minimum wage would be adjusted for inflation of buying power.
Status: House Committee on Appropriations scheduled a reading, but no action was taken.
PUBLIC POLICY PROTECTION
HB 2710
Summary: Material adverse action against an employee that was doing an action under public policy is unlawful.
Status: Public hearing in the House Committee
WAGE AND OVERTIME COMPLAINTS
SB 5158
Summary: After or during the effective date of the new section to 49.46 RCW, an employer is not subject to penalty for the failure to pay minimum wages or overtime compensation, if the act that was complained of was in good faith conformity.
Status: Third reading passed in Senate, House waiting.
FAMILY MEDICAL AND LEAVE ACT
SB 5903
Summary: Repealing the family and medical leave insurance act. Seeking to terminate the dormant FMLIA program from the 2007 session. W as initially introduced as SB 5159 in Commerce & Labor, then reintroduced as SB 5903 on April 9 in Ways & Means.
Status: Senate X-file (was condsidered in the 2013 Regular Season)
STATE EMPLOYEE INSURANCE BENEFITS
SB 5905
Summary: Establishing state employee eligibility for insurance benefits consistent with the employer shared responsibility provisions of the patient protection and affordable care act. Beginning January 1, 2014, each employee who is a full-time employee as defined by section 1513 of the patient protection and affordable care act and related regulations, as administered by the authority, is eligible for benefits. Employees who are not full-time employees are not eligible to participate in health benefit plans provided under this chapter. Substitute Senate Bill – adds bargaining provision for part-timers.
Status: Senate X-file (was condsidered in the 2013 Regular Season)
WHISTLEBLOWER RETALIATION INFORMATION
SB 6046
Summary: The commission must relate the findings of an investigation of a complaint alleging workplace reprisal or retaliatory action against a whistleblower to the complainant or the labor union representing the complainant within 90 days of the findings. If it is found that workplace reprisal or retaliatory action against a whistleblower has occurred, and that no agreement is reached within 6 months, then the finding must be reduced to writing.
Status: Signed by Governor on March 19, 2014. Effective June 12, 2014.
THE PENSION POACHER PREVENTION ACT
SB 6208/HB 2390
Summary: This new chapter to Title 19 RCW aims to make unofficial counseling of veterans in their compensation be less for personal interest, and more for the public good. This bill states that counseling of veterans unofficially will not be compensated by the state, and also that unofficial veterans events must post a disclosure, to ensure that veterans know that private counselors and events may not tell them all of their benefits.
Status: Delivered to the Governor on March 13, 2014
PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
SB 6321/HB 2408
Summary: After January 2015, a member of plan 3 of the teachers’ retirement system may only change their contribution rate if their employer changes, instead of yearly as was previously the option. This change is in accordance with the current plan 3 members of the public employees’ retirement system and the school employees’ retirement system.
Status: Delivered to the Governor on March 12, 2014
PUBLIC EMPLOYEES’ DEFERRED COMPENSATION
SB 6328
Summary: This change allows the state and lower governments are able to defer part of a public sector employees’ paycheck into an individual security, in addition to what was previously allowable. The amount can be no greater than what is defined in 26 U.S.C. Sec. 457.
Status: Delivered to the Governor on March 12, 2014
CREED DISCRIMINATION
SB 6433
Summary: Makes it unlawful to discriminate against an employee based on creed, unless it can be proven that compliance with reasonable accommodation would impose an undue hardship on a business
Status: Public hearing in Senate Committee on Law and Justice
TEEN SUMMER WAGES
SB 6471
Summary: A minimum wage for teens (ages 14-19) who work during the summer temporarily or seasonally may be paid in accordance to the federal fair labor standards act
Status: Senate X-File
TEEN MINIMUM WAGE
SB 6495
Summary: 14-15 year olds may work at 85% of the state minimum wage, and 16-19 year olds may be compensated at 85% of state minimum wage for training wages, or at the federal minimum wage.
Status: Senate X-File
2013
SUPREME COURT STRIKES SECTION 3 OF DOMA
Summary: In one of the most eagerly awaited decisions of the U.S. Supreme Court’s term, the justices ruled in a 5-4 decision on June 26, 2013, that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional. The opinion struck down Section 3’s federal definition of “marriage” and “spouse,” while leaving intact the law’s Section 2, which lets states refuse to recognize same-sex marriages performed under the laws of other states..
What this means in Washington State: Expect employees to inquire about their rights with regard to various employee benefits. The Supreme Court decision essentially removes the federal barriers that same-sex marriages had on certain benefits, such as federal taxes and federally-protected pension plan benefits.
http://www.shrm.org/
PUBLIC EMPLOYEES BENEFITS
HB 1587
Summary: Sponsored by HCA and the LEOFF 2 Pension Board, mainly some clean-up or housekeeping of HCA’s RCW 41.05, including a modification of the eligibility criteria for seasonal employees in Section 3(4)(b) of the bill.
Status: By resolution, reintroduced and retained in present status, May 13, 2013.
FAMILY MEDICAL AND LEAVE ACT
SB 5903
Summary: Repealing the family and medical leave insurance act. Seeking to terminate the dormant FMLIA program from the 2007 session. W as initially introduced as SB 5159 in Commerce & Labor, then reintroduced as SB 5903 on April 9 in Ways & Means.
Status: By resolution, reintroduced and retained in present status, May 13, 2013
STATE EMPLOYEE INSURANCE BENEFITS
SB 5905
Summary: Establishing state employee eligibility for insurance benefits consistent with the employer shared responsibility provisions of the patient protection and affordable care act. Beginning January 1, 2014, each employee who is a full-time employee as defined by section 1513 of the patient protection and affordable care act and related regulations, as administered by the authority, is eligible for benefits. Employees who are not full-time employees are not eligible to participate in health benefit plans provided under this chapter. Substitute Senate Bill – adds bargaining provision for part-timers.
Status: By resolution, reintroduced and retained in present status, May 13, 2013
VETERANS SCORING CRITERIA
HB 1537
Summary: Changes requirements for scoring criteria status for veterans. Allows veteran scoring criteria status to be claimed upon receipt of separation orders issued by the respective military department if the separation orders indicate an honorable discharge.
Status: Governor signed, April 25, 2013
SOCIAL NETWORKING
SB 5211
Summary: Concerning social networking accounts and profiles. Prohibits employers from requiring employee or prospective employee to submit or give access to social networking account information that is not in the public domain.
Status: Governor Signed, May 21, 2013
PUBLIC EMPLOYEES ETHICS
SB 5577
Summary: Protecting public employees who act ethically and legally. Identical to SB 5063, except Sen. Carrell added new sections (7-3, 8-4, 11, 12, 13) providing further protections for people filing ethics complaints. Substitute HB.
Status: Governor signed, May 8, 2013
FEDERAL COURT DECISION INVALIDATES NLRB RECESS APPOINTMENTS
On January 25, 2013, the U.S. Court of Appeals for the District of Columbia Circuit ruled in Noel Canning v. NLRB that President Barack Obama’s three January 2012 appointees to the National Labor Relations Board (NLRB) violated the Recess Appointments Clause of the U.S. Constitution. The impact for HR professionals is that the ruling calls into question every decision the Board has made since January 2012, including controversial decisions on micro-units and employer social media policies.
http://www.shrm.org/Advocacy/
COULD 2013 BE THE YEAR THAT COMPREHENSIVE IMMIGRATION REFORM GETS DONE?
It’s been nearly two decades since a Republican-controlled Congress and the Clinton White House agreed to enact the Illegal Immigration Reform & Immigrant Responsibility Act of 1996.
http://www.shrm.org/Advocacy/
20 YEARS AND COUNTING…
Guess what federal leave statute was enacted 20 years ago? That’s right, the Family and Medical Leave Act (FMLA) celebrates its 20-year anniversary on February 5, 2013! Given this monumental anniversary, it is likely that policymakers will take this opportunity, through Congressional hearings and other activities, to examine how the law is working in the 20 years since its enactment.
http://www.shrm.org/Advocacy/
2012
US SUPREME COURT TO REVIEW FEDERAL DOMA, CALIFORNIA’S PROPOSITION 8
In United States v. Windsor, the Supreme Court will consider the question of whether Section 3 of the Defense of Marriage Act (DOMA) deprives same-sex couples who are lawfully married under the laws of their states of the equal protection of the law as guaranteed by the Fifth Amendment to the Constitution. Section 3 of DOMA defines the term “marriage” for all purposes under federal law as “only a legal union between one man and one woman as husband and wife.”
In Hollingsworth v. Perry, the high court will review the question of whether the Equal Protection Clause of the Fourteenth Amendment prohibits the state of California from defining marriage as the union of a man and a woman.
http://www.shrm.org/
STATE SUPREME COURT: FIRST TEN MINUTES OF MISSED BREAK COUNT AS OVERTIME
The Washington Supreme Court has ruled that missed paid rest breaks count as hours worked and therefore will be compensated as overtime for the first ten minutes of each break missed. Therefore, an employee who works a standard 40-hour workweek who misses a legally-obligated 10-minute paid rest break is owed compensation at the overtime rate of time-and-a-half for the first ten minutes (that which is required by state law) of the missed break, and at straight time for any additional portion of the break thereafter. For example, if an employee missed two CBA-required 15-minute breaks during a standard 40-hour workweek, the company would be obligated to pay 20 minutes of overtime plus 10 minutes of straight time in addition to the standard 40 hour workweek pay.
http://www.shrm.org/
IMPLICATIONS FOR MARIJUANA LEGALIZATION FOR EMPLOYERS
Initiative 502 takes effect on December 6, 2012 and allows individuals who are 21 years and older to lawfully purchase and possess up to one ounce of useable marijuana, or larger amounts of marijuana-infused products. These products may be sold at licensed retail outlets that have been approved by Washington’s state liquor control board.
It will still be illegal under state law to grow, distribute, or market marijuana, except as now permitted under the Medical Use of Marijuana Act (MUMA). However, even the legal, medically-prescribed use of marijuana under MUMA does not preclude employers from maintaining a drug-free workplace, or protect employment for medical marijuana users.
Even though possession of marijuana in accordance with the initiative’s changes to the state’s Controlled Substances Act is not a criminal or civil offense under Washington law, marijuana possession remains unlawful under the federal Controlled Substance Act. Also, the new law does not contain any express employment protections for marijuana users. Further, federal programs such as mandatory drug screening for transportation workers will still be enforced and are not affected by the passing of I-502.
http://www.shrm.org/
WASHINGTON TO RAISE MINIMUM WAGE IN 2013
The 2013 federal minimum wage will remain unchanged at $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees. However, Washington State has announced that the minimum wage will increase on Jan. 1, 2013.
The Department of Labor & Industries announced that effective Jan. 1, 2013, the minimum wage will increase from $9.04 to $9.19 per hour for non-exempt employees.
http://www.shrm.org/
NEARLY $5.8 MILLION IN DOL GRANTS WILL IMPROVE STATE’S UI SYSTEM
Washington was awarded two grants by the U.S. Department of Labor (DOL): $3,656,693 to support the integrity of its unemployment insurance program and $2,194,750 to expand its use of claimant re-employment planning and eligibility assessment.
http://www.shrm.org/
GAY RIGHTS LAW NOT RETROACTIVE
A state law expanding protections to gays and lesbians does not apply retroactively to the discrimination claims of a university employee, the Washington Supreme Court held.
REGULAR MANDATED ATTENDANCE MAY BE AN ESSENTIAL FUNCTION AND THEREFORE MAY NOT EQUATE TO A FAILURE TO ACCOMMODATE
In Samper v. Providence St. Vincent Medical Center, the 9th US Circuit Court of Appeals upheld the dismissal of a lawsuit brought by a neo-natal intensive care nurse. Monika Samper sought an accommodation from her employer, Providence St. Vincent Medical Center to allow her an unspecified number of unplanned absences, negating Providence’s attendance policy. The lower court held, and the 9th Circuit affirmed, that for Samper’s job, regular and reliable attendance was an essential function of the job.
http://www.ca9.uscourts.gov/
SAME SEX MARRIAGE
HB 2516/SB 6239
Summary: Eliminates provisions in Washington State law to designate marriage as between a man and a woman, or between a husband and wife. Also mandates a transition of all state registered domestic partnerships into legal marriages as of June 30, 2014. Provides a provision for domestic partnerships entered into at 62 years of age or older to remain as domestic partnerships and not be mandated to transition into legal marriages.
Status: Signed into law on February 13, 2012. Effective June 7, 2012.
EMPLOYER/EMPLOYEE RELATIONSHIPS UNDER STATE RETIRMENT SYSTEMS
HB 2771/SB6584
Summary: Adds clarifying language stating contracted workers are not eligible to participate in public retirement systems.
Status: Signed into law on March 30, 2012. Effective June 7, 2012.
WORKPLACE SAFETY
HB 2509
Summary: Directs L&I to offer the Blueprint for Safety program statewide, in a phased approach. Goal: improve safety for employees, lower employer costs. Target employers: rising experience modification factor, recent catastrophic workplace injury, change in safety management, request by the employer. Participation voluntary and must be approved by L&I.
Senate amendment requires program to implement using existing resources.
Status: Governor vetoed, April 3, 2012.
EMPLOYMENT STATUS DISCRIMINATION
SB 6228
Summary: Originally submitted to create a new protected class in Washington State based upon employment status. Recent changes to the bill (substitute bill LCCP 12) have removed the protected class provision and instead focus on making the requirement to be employed an illegal hiring practice, with fines to employers based upon first, second, or third offense. This does not preclude employers from exclusively hiring internally among current employees of the company. There is no private cause of action, meaning employers do not need to be concerned about lawsuits from job seekers that feel discriminated against based upon their employment status.
Status: By resolution, reintroduced and retained in present status, April 11, 2012.
MANDATORY PAID SICK/SAFE LEAVE
HB 2508/SB 6229
Summary: Modeled after Seattle’s 2011 ordinance, this bill seeks to mandate paid sick and safe leave based upon number of employees.
Status: By resolution, reintroduced and retained in present status, April 11, 2012.
WORKPLACE BULLYING
HB 1928/SB 5789
Summary: Addresses workplace bullying by making it an unfair practice to subject an employee to an abusive work environment.
Status: By resolution, reintroduced and retained in present status, April 11, 2012.
PUBLIC POLICY RETALIATION
SB 6072
Summary: Protects employees from retaliation for conduct that promotes public policy.
Status: By resolution, reintroduced and retained in present status, April 11, 2012.
VETERANS’ PREFERENCE IN PUBLIC EMPLOYMENT
SB 5970
Summary: Eliminates the reduction in veterans’ scoring criteria for retired veterans who served during a period of war or during a conflict for which a campaign badge or medal was awarded. Therefore, veterans drawing military retirement pay would receive equal preference in hiring, layoff, and reemployment decisions as other veterans.
Status: By resolution, reintroduced and retained in present status, April 11, 2012.
*For state issues visit http://www.leg.wa.gov/ or Washington State Law Updates (SHRM page)
