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 to rehire employees when businesses reopen may request “standby” status for laid off employees, which has been expanded under the emergency rules.

Standby status waives the job search requirements while employees collect unemployment benefits during the standby period.  Under the new rules, workers can remain on standby status for up to 12 weeks.  In addition, ESD may grant requests for standby status for more than 12 weeks if there are infections at the employer’s place of business or if the governor issues an emergency proclamation that causes the employer to close or severely curtail operations.

To qualify for standby, the employee must:

  • be a full-time employee;
  • be returning to full-time work; and
  • have a probable return-to-work date within 12 weeks.

Employers should note that ESD is overwhelmed with unprecedented numbers of applications.  Employees should be advised to expect delays.

As we previously posted here, the CARES Act expanded unemployment benefits in many states including Washington.  ESD is working on implementing these benefits and expects to update its system in the very near future.  If you have questions or need help with strategy around furloughs and layoffs, please contact us.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Chris Wall Chris Wall

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid…

Chris Wall is a trial lawyer, managing all phases of litigation, including trials and appeals in state and federal courts as well as arbitrations and administrative proceedings. He uses insights from litigation to provide his clients with strategic advice on how to avoid litigation before it starts and resolve disputes in the most cost-effective manner. He works with businesses to navigate a wide variety of matters including labor issues, wage & hour, wrongful termination, and discrimination claims. Chris draws on his experience as a judicial extern to the Honorable John Coughenour, as a law clerk for the Alaska Supreme Court, and in commercial and environmental litigation to meet the needs of his clients.

Click here for Chris Wall’s full bio.

Photo of Karin Jones Karin Jones

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin…

Karin Jones provides practical advice to employers regarding a wide variety of workplace and personnel issues and helps employers minimize the risk and impact of workplace problems.  When litigation arises, she represents employers before administrative agencies and the state and federal courts.  Karin has experience representing employers in disputes involving discrimination, harassment, reasonable accommodation, employee family and medical leave, wage and hour claims, workplace safety (WISHA/OSHA), and whistleblower complaints, among other workplace issues.

Click here for Karin Jones’ full bio.