Updated December 30, 2021
Articles Discussing General Topics In Washington Labor & Employment Law.
Washington Governor Clarifies That Employers Are Still ‘Legally Obligated’ to Pay Premiums Under the Washington Cares Act
On December 22, 2021, Governor Jay Inslee sent a letter to Washington’s Employment Security Department (ESD) ordering it to not collect premiums under the Washington Cares Fund program until the legislature addresses some of the law’s issues. The letter acknowledged that “legislative leadership has strongly encouraged the employer community to
Washington Long-Term Cares Fund Update: Employers Advised to Withhold Premiums Starting January 1
Washington Governor Jay Inslee has clarified that, starting January 1, “employers will still be legally obligated to pay the full amount owed to state ESD [Employment Security Department] to begin the long-term care program” under the Washington Long-Term Services and Supports Act, until the legislature changes the law.
Washington’s Long-Term Cares Fund on Hold
Washington Governor Jay Inslee has announced a pause in implementation of the Long-Term Services and Supports Act to give the state legislature time to refine the law.
Washington Employers Allowed to Delay January 2022 Start Date for Collecting “Washington Cares Act” Premiums from Employees
In a statement on Friday, December 17, 2021, Washington Governor Jay Inslee announced that employers may wait to begin collecting premiums from employees for the new Washington Cares Act (WA Cares), while legislation is under consideration to formalize this collection pause. The governor does not have authority to formally relieve
Washington Governor and Legislative Leaders Announce Delay in Long-Term Care Fund
On December 17, 2021, Washington Governor Jay Inslee, Senate Majority Leader Andy Billig, and House Speaker Laurie Jinkins released a joint statement announcing that the premium assessment under the Washington Cares Fund would be delayed. Employers had been set to collect premiums from Washington employees starting on January 1, 2022,
Washington Updates Pandemic-Readiness Rules to Implement HELSA and PPE Law
Not waiting for guidance from federal authorities, Washington’s Department of Labor & Industries (L&I) has issued emergency rules to implement two new state pandemic-readiness laws: Health Emergency Labor Standards Act (HELSA) (formerly, ESSB 5115; now, RCW 49.17.062-.064) and Voluntary Personal Protective Equipment (PPE) Usage (SSB 5254).
Future of Washington’s Long-Term Care Tax, Fund Uncertain
With the start date of the Washington payroll tax to fund long-term care benefits for workers looming, state lawmakers are considering changes to the law even while lawsuits have been filed to modify or undo it.
Seattle Independent Contractor Protections Ordinance
In a growing trend of increasing workplace protections for independent contractors, the Seattle City Council has passed the “Independent Contractor Protections Ordinance,” aimed at increasing pay transparency for the ever-growing gig workforce. The Ordinance goes into effect September 1, 2022.
Washington State Continues to Mandate COVID-19 Vaccination for Certain Workers
Following such states as California, Connecticut, Massachusetts, New Jersey, New York, and Oregon, Washington’s Governor Jay Inslee has issued Proclamation 21-14.3 to require certain workers be fully vaccinated against COVID-19 and provide proof of such vaccination.
Washington Raises Income Thresholds for Employees, Contractors Subject to Noncompetition Covenants Nearly 6 Percent for 2022
In May 2019, Washington State enacted restrictions on the enforceability of noncompetition covenants. The law, which took effect on January 1, 2020, requires the state to annually adjust the income thresholds for workers who are subject to noncompetition covenants.
Washington’s New Long-term Care Benefit Program: Important Deadlines Loom!
In 2021, Washington established a long-term care benefit program for Washington workers called the WA Cares Fund. In short, the program implements a mandatory 0.58 percent payroll deduction on employee wages to create a state trust fund, which, beginning in 2025, will be used to fund certain long-term care costs
Revised Washington Paid Family and Medical Leave Expands Who Are Covered Family Members
Beginning July 25, 2021, employees can use Washington Paid Family and Medical Leave (WPFML) to care for more people.
Washington Becomes Second State to Issue Emergency Heat Standard
On July 9, 2021, Washington’s Department of Labor & Industries filed an emergency rule to increase protection for employees exposed to extreme heat at work. This includes employees working in agriculture, construction, and other outdoor industries. The new regulations took effect on July 13, 2021.
Washington Employers Can’t Relax After Reopening Under New COVID-19 Rules
While Washington state reopened on June 30 with the new Washington Ready plan, under which most industries have returned to normal capacity and operations, this reopening has loosened, but not eliminated, COVID-19 safety and masking requirements for employees and customers.
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