1. The Never-Ending Story: Employment Laws in Washington Presented 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. We’re in this together. QUESTIONS? For Vigilant membership information: Reneé Huseby r.huseby@vigilantcounsel.org 425-349-4477 or 800-733-8620 www.vigilantcounsel.org