An advisory jury’s substantial front pay award to a plaintiff in a retaliation case was drastically reduced by the judge....more
On January 13, 2022, the United States Supreme Court issued a stay of the Occupational Safety and Health Administration’s (“OSHA”) COVID vaccine-or-test rule for large employers. Although the OSHA rule is effectively off the...more
2/3/2022
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Masks ,
OSHA ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Mask Mandate -
Effective August 23, 2021, masks will once again be required in indoor public spaces in Washington, regardless of vaccination status, for everyone over the age of five. Masks will not be required for...more
On May 21, 2021, the Washington Department of Labor & Industries (“L&I”) published new guidance regarding fully vaccinated workers. The new guidance will help employers adjust masking policies to meet the new Centers for...more
5/25/2021
/ Best Practices ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Governor Inslee ,
Health and Safety ,
Human Resources Professionals ,
Infectious Diseases ,
Reasonable Accommodation ,
Vaccinations ,
Washington ,
Workplace Safety
For the past year, Washington employers have been required to accommodate those employees characterized by the CDC as being at high risk of severe illness or death from COVID-19. Required accommodations can include allowing...more
5/4/2021
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
The 2020 presidential election, coupled with nationwide civil unrest and a global pandemic, is creating a lot of conversation in employees’ personal and professional lives. In a February 2020 survey, employees reported...more
The Department of Labor (DOL) recently modified its guidance regarding leave under the Families First Coronavirus Response Act (FFCRA). These changes pertain most significantly to the intermittent use of FFCRA and the...more
On August 3, 2020, a federal judge in the Southern District of New York held that four provisions of the U.S. Department of Labor’s (DOL) Final Rule (the Final Rule) implementing the Families First Coronavirus Response Act...more
On July 1, 2020, legislation went into effect providing additional protections for certain hotel and motel employees in Seattle. The legislation was enacted to protect Seattle hotel workers from harassment and...more
The legal landscape continues to shift rapidly during the COVID-19 pandemic. As we reported here and here, Equal Employment Opportunity Commission (“EEOC”) guidance allows employers to require employee temperature checks, as...more
Anchorage Mayor Ethan Berkowitz has issued Emergency Order EO-13, requiring that all individuals in Anchorage wear masks or cloth face coverings when “indoors in public settings or communal spaces outside the home.” The...more
On June 23, Governor Jay Inslee announced that facial coverings will be mandatory statewide. Starting Friday, June 26, anyone in a public space must wear face coverings. The mandate includes indoor public spaces and outdoor...more
Amendments to the Washington Paid Family and Medical Leave Act (“WPFMLA”) that went into effect June 11, 2020 include a new private right of action for employees. Under the WPFMLA, employers are prohibited from interfering...more
Governor Inslee has extended – until at least August 1, 2020 – his proclamation prohibiting all Washington employers from failing to provide accommodations to workers at high risk should they contract COVID-19....more
At midnight on May 31, Governor Inslee’s “Stay Home – Stay Healthy” order expired, replaced by his “Safe Start – Stay Healthy” order of the same day (“Safe Start Proclamation”). Under the Safe Start Proclamation, any county...more
In response to recent developments displaying the difficulties in enforcing Governor Jay Inslee’s “Stay Home Stay Healthy” order (“SHSH”), the state Department of Labor & Industries has acted. Now a violation of SHSH will be...more
Phased Reopening -
As part of his proclamation extending the Stay Home – Stay Healthy Order through May 31, Governor Inslee established a phased approach to reopening the state: Safe Start Washington....more
5/26/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
Much of Alaska will be allowed to reopen as of 8 a.m. on May 22. Governor Dunleavy has announced that the state will move straight from its current Phase II of the Reopen Alaska Responsibly Plan, which permits only limited...more
5/22/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist...more
On April 22, Governor Dunleavy announced Health Mandate 016, reflecting Phase 1 of the Governor’s Reopen Alaska Responsibly Plan. The Governor anticipates issuing information on Phases 2 through 5 of the Plan in the near...more
On April 21, Washington’s Governor Inslee remarked that the eventual reopening of Washington will “look more like turning a dial than flipping a switch.” But the timing of that dial turning is still unknown. Governor Inslee...more
States around the country have been under various “stay at home” orders as governors have tried to protect public health during the coronavirus pandemic. Those efforts have taken a significant toll on businesses and their...more
Many Washington employers are looking for ways to retain skilled labor until businesses reopen. The Washington Employment Security Department’s (“ESD”) emergency rules may help during the COVID-19 crisis. Employers who plan...more
The Seattle City Council has expanded Paid Sick and Safe Time (“PSST”) in response to COVID-19. In addition to the usual reasons for which a Seattle employee may use PSST, the new amendments provide that Seattle employees...more
For at least the next two months, Washington employers are required to take extra measures to accommodate employees characterized by the Centers for Disease Control and Prevention (CDC) to be at higher than normal risk of...more