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The Never-Ending Story: Employment Laws in Washington Presented by Ashley Wiltbank

The Never-Ending Story: Employment Laws in Washington Presented by Ashley Wiltbank. Vigilant counsels companies on challenging employment issues across the Northwest and California. Our Competencies:. Human Resource Management Employment Law Safety Employee Benefits

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The Never-Ending Story: Employment Laws in Washington Presented by Ashley Wiltbank

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  1. The Never-Ending Story: Employment Laws in WashingtonPresented by Ashley Wiltbank

  2. Vigilant counsels companies on challenging employment issues across the Northwest and California

  3. Our Competencies: • Human Resource Management • Employment Law • Safety • Employee Benefits • Workers’ Compensation • Management Training & Leadership Development

  4. Employment Laws – the Big Picture

  5. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state)

  6. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010)

  7. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010) • Crime Victims’ Leave (RCW HB 2602)

  8. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010) • Crime Victims’ Leave (RCW HB 2602) • Discrimination in Apprenticeship Programs (RCW 49.04.100 & 49.04.130)

  9. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010) • Crime Victims’ Leave (RCW HB 2602) • Discrimination in Apprenticeship Programs (RCW 49.04.100 & 49.04.130) • Employment Records Destruction (RCW 49.12.050)

  10. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010) • Crime Victims’ Leave (RCW HB 2602) • Discrimination in Apprenticeship Programs (RCW 49.04.100 & 49.04.130) • Employment Records Destruction (RCW 49.12.050) • Firefighter Leave (RCW 49.12.460)

  11. Laws that Affect Washington Employers • Almost 60 employment-related laws (both federal and state) • Ever heard of? • Blacklisting of Employees (RCW 49.44.010) • Crime Victims’ Leave (RCW HB 2602) • Discrimination in Apprenticeship Programs (RCW 49.04.100 & 49.04.130) • Employment Records Destruction (RCW 49.12.050) • Firefighter Leave (RCW 49.12.460) • Mental Health Benefits (RCW 48.21.241)

  12. Employment Laws - Federal

  13. Fair Pay Act • Effectively erases the statute of limitations for compensation discrimination claims • The clock within which an employee must file a claim resets with each paycheck • Signed into law in January 2009 but is retroactive to May 28, 2007

  14. Federal Family and Medical Leave Act • Qualifying exigencies • Applies when • an employee’s spouse, son, daughter, or parent • is an active member of the Armed Forces, National Guard, or Reserves • and has been notified of an impending call or order to active duty

  15. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events

  16. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school

  17. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal

  18. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal • Counseling

  19. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal • Counseling • Short-term deployment

  20. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal • Counseling • Short-term deployment • Rest and recuperation

  21. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal • Counseling • Short-term deployment • Rest and recuperation • Post-deployment

  22. Federal Family and Medical Leave Act • Qualifying exigencies • Seven categories • Military events • Childcare and school • Financial and legal • Counseling • Short-term deployment • Rest and recuperation • Post-deployment • (Other activities as approved by employer)

  23. Genetic Information Non-Discrimination Act (GINA) • Prohibits group health plans and health insurance companies from denying enrollment based on genetic information

  24. Genetic Information Non-Discrimination Act (GINA) • Prohibits group health plans and health insurance companies from denying enrollment based on genetic information • Prohibits increasing group premiums based on the genetic information of one person/enrollee

  25. Genetic Information Non-Discrimination Act (GINA) • Prohibits group health plans and health insurance companies from denying enrollment based on genetic information • Prohibits increasing group premiums based on the genetic information of one person/enrollee • Wellness plans are affected, too – can’t offer an individual a reward for completing a health risk assessment that requests genetic information

  26. Genetic Information Non-Discrimination Act (GINA) • Prohibits group health plans and health insurance companies from denying enrollment based on genetic information • Prohibits increasing group premiums based on the genetic information of one person/enrollee • Wellness plans are affected, too – can’t offer an individual a reward for completing a health risk assessment that requests genetic information • Posting requirements • A supplemental poster • A stand-alone GINA poster

  27. Employment Laws – Washington state

  28. Everything but Marriage • Extends the same benefits spouses receive to • registered, same-sex domestic partners or • heterosexual partners where one is 62 or older

  29. Everything but Marriage • Extends the same benefits spouses receive to • registered, same-sex domestic partners or • heterosexual partners where one is 62 or older • Essentially does everything but redefine marriage under state law (thus, the name)

  30. Everything but Marriage • Extends the same benefits spouses receive to • registered, same-sex domestic partners or • heterosexual partners where one is 62 or older • Essentially does everything but redefine marriage under state law (thus, the name) • Affects all state leave benefits, but not federal FMLA

  31. Everything but Marriage • Extends the same benefits spouses receive to • registered, same-sex domestic partners or • heterosexual partners where one is 62 or older • Essentially does everything but redefine marriage under state law (thus, the name) • Affects all state leave benefits, but not federal FMLA • Likely doesn’t apply to self-insured health plans

  32. Leave for Military Spouses • Spouses of military personnel may take 15 days unpaid leave from work • before and up to the date of spouse’s deployment or • during the spouse’s break from deployment

  33. Leave for Domestic Violence Victims • Allows victims of domestic violence, sexual assault or stalking • To take reasonable or intermittent leave from work • Paid or unpaid • To take care of legal or law enforcement needs or get medical treatment, social-services assistance or mental-health counseling

  34. Discrimination Based on Marital Status • Prohibits discrimination on the basis of marital status or a spouse’s identity or employment

  35. Discrimination Based on Marital Status • Prohibits discrimination on the basis of marital status or a spouse’s identity or employment • Exception for bona fide reason • One employee-spouse would directly supervise the other employee-spouse

  36. Washington Family Care Act • Allows an employee to use accrued sick leave or other paid time-off

  37. Washington Family Care Act • Allows an employee to use accrued sick leave or other paid time-off • To care for a sick child (under the age of 18) if health condition requires treatment/supervision

  38. Washington Family Care Act • Allows an employee to use accrued sick leave or other paid time-off • To care for a sick child (under the age of 18) if health condition requires treatment/supervision • To care for an older child who is incapable of self-care due to disability

  39. Washington Family Care Act • Allows an employee to use accrued sick leave or other paid time-off • To care for a sick child (under the age of 18) if health condition requires treatment/supervision • To care for an older child who is incapable of self-care due to disability • Also applies to spouse, parent, parent-in-law, or grandparent with serious health condition or an emergency condition

  40. For Vigilant membership information: • Reneé Huseby • r.huseby@vigilantcounsel.org • 425-349-4477 or 800-733-8620 • www.vigilantcounsel.org

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