August 5, 2009
Previously published on July 29, 2009
From new laws requiring that domestic partners be treated the same as married couples to delaying implementation of the paid family leave program, the Washington State Legislature was busy this year, adopting a host of new laws that affect employers. The following is a brief summary of the most significant of these new laws and their effect on employers.
Senate Bill 5688: Expanding the Rights and Responsibilities of Domestic Partnership
The "everything but marriage" bill is set to change multiple state laws so that state-registered domestic partners will be treated the same as married spouses. Any gender-specific terms such as "husband" and "wife" used in any state statute, rule, or other law are now construed to be gender-neutral, and applicable to individuals in state-registered domestic partnerships.
Impact: For example, under this law an employee with a state-registered domestic partner will be afforded all the protections provided by the Washington State Family Leave Act and the Washington State Family Care Act previously provided only to married employees. These would not be the only laws affected. As a rule of thumb, if this bill becomes law, employers will simply need to treat employees with state-registered domestic partners the same as they would treat married employees.
Important Note: Originally set to be effective July 26, 2009, Senate Bill 5688, the "everything but marriage" bill, is currently on hold pending the counting of signatures submitted to the Secretary of State by supporters of Referendum 71. If the state confirms that enough signatures have been obtained, the bill will be put to the voters to either affirm or reject. If affirmed by the voters, the law would take effect in December. However, if the Secretary of State determines that an insufficient number of legitimate signatures were turned in by Referendum 71 supporters, the law will take effect immediately. Stay tuned…
Senate Bill 6158: Delaying Implementation of the Family Leave Program
In 2007, Washington enacted a program for paid family leave, but delayed implementation of the program until October 2009 in order to determine how to fund the program. As of today, the legislature still has not determined how to fund the program, and so its implementation has been further delayed until October 1, 2012. When finally implemented, the program will provide a benefit of $250 per week for up to five weeks for employees who are on family leave.
Senate Bill 5963: Voluntary Quit and Unemployment Benefits
Under RCW 50.20 et seq., an employee who quits his or her job can receive unemployment benefits only if the Commissioner of the Employment Security Department finds that he or she had "good cause." Before July 26, 2009, the Commissioner had wide latitude in determining whether "good cause" existed. Under Senate Bill 5963, however, the Commissioner is restricted to finding "good cause" only if the employee's reason for quitting is included in a statutory list. The bill also adds an additional "good cause" reason to the statutory list: if an employee leaves a job because his or her spouse or domestic partner accepts employment outside the existing labor market area, the employee can still receive unemployment benefits if the employee remained employed as long as was reasonable before moving.
Impact: While there may be some drawbacks, this new law should add clarity to the unemployment benefit process and give employers a better idea of whether or not an employee's request for benefits should be challenged.
House Bill 1402: Industrial Insurance Appeals–Contact Restricted With Medical Providers
Under this bill, the employer, the employee, and the Department of Labor and Industries ("DLI") may have only limited contact with certain medical providers if a DLI decision is appealed and the medical provider is named as a witness. Under these circumstances, appealed issues may not be discussed directly with certain medical providers unless a proper consent is obtained or by one of the following methods:
(1) in writing, sent contemporaneously to all parties with a distinct notice to the provider that any response must be in writing;
(2) in person, by telephone, or by videoconference, at a mutually agreed-to time and date, with the other parties to the appeal given the opportunity to fully participate; or
(3) by properly scheduled and noted deposition.
Impact: Employers will need to be careful about how they interact with an employee's medical provider in the industrial insurance context if a DLI decision on an industrial insurance claim is appealed. Getting an employee back to work and dealing with issues of accommodation and light versus regular duty are likely to become more cumbersome in this context.
Senate Bill 5613: Be Aware: Stop-Work Orders Authorized for Violations of Workers' Compensation Requirements
Effective July 26, 2009, if a DLI investigation determines that a contractor has failed to pay workers' compensation taxes, the Director may issue a stop-work order against the employer. While a stop-work order may be appealed (through a request for reconsideration), the stop-work order remains in effect unless a bond is posted. The penalty for violating a stop-work order is $1,000 for each day the employer is not in compliance. The stop-work order will remain in effect until the employer complies with the coverage requirements and either pays or agrees to pay penalties and interest through a payment schedule.
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