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After a lengthy and contentious rulemaking process, the Department of Labor (“DOL”) published its final rule revising its tipped-employee regulations under the Fair Labor Standards Act (“FLSA”) last week. The new rules take effect 60 days from their publication in the Federal Register, which will occur shortly.  Here is a summary of the new rules’…

*This article was originally published as a Legal Alert on December 17, 2020.

With the COVID-19 vaccine becoming available to some and just around the corner for others, the question on many employers’ (and employees’) minds is whether they can (or should) mandate employees be vaccinated as a condition of employment. The Equal Employment Opportunity…

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 well as worker testing aimed at detecting COVID-19, even though such testing by an employer would ordinarily raise issues under the Americans with…

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 with, discriminating against, or retaliating against employees exercising their rights under the Act. Previously, any claims of interference, discrimination, or…

Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.”  In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender…

We have been counseling employers throughout the COVID-19 pandemic and have encountered several common scenarios.  Many of the most frequently asked questions are addressed in our Employer FAQs.  This post provides additional information on the interaction between various pandemic-related issues and the Americans with Disabilities Act (“ADA”).

  1. An employee known to be suffering from

…

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 severe illness or death if they contract COVID-19.  On April 13, Governor Inslee issued Proclamation 20-46, “High-Risk Employees – Workers’ Rights,” prohibiting all Washington employers, both public and private, from failing to provide accommodations to high-risk workers, defined by the CDC as:

  • Employees age 65 or older
  • Employees with serious underlying health conditions, including:
    • Moderate to severe asthma
    • Heart disease
    • Lung disease
    • Diabetes
    • Chronic kidney disease, undergoing dialysis
    • Liver disease
    • Severe obesity
    • A condition that renders the employee immunocompromised, such as HIV or cancer treatment.

Employees in the above high-risk categories are now afforded additional accommodation rights under the Governor’s Proclamation.  Between now and June 12 (subject to extension by the Governor), you must take the following steps if you are a Washington employer:
Continue Reading Washington Governor Mandates That Employers Accommodate Employees at High Risk of Contracting COVID-19

As employers continue to react to and prepare for workplace challenges due to the impact of the COVID-19 outbreak around the country, the EEOC has updated some of its guidance on the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act.  The EEOC addresses situations such as whether employer can require that employees showing symptoms…

No sooner has Washington enacted two major new leave laws – the Washington Paid Sick Leave Law and the Washington Paid Family and Medical Leave Law (WPFML) – than the State has found itself to be one of the epicenters of the COVID-19 outbreak.  Here is what Washington employers need to know about Paid Sick…

Beginning January 1, 2020, Washington employees will have access to the benefits of Washington’s Paid Family and Medical Leave (“WPFML”) law, administered by the Washington Employment Security Department (“ESD”). Nearly all Washington employees will be eligible, with limited exceptions for self-employed, federal, and tribal employees, as well as employees who perform only occasional and incidental…