Below are employment related law updates in the State of Washington through May 2009.

Domestic Partnerships

Under legislation signed by Gov. Christine Gregoire on May 18, 2009, state registered domestic partners are “family members” for purposes of employment.    The bill passed the State House by a vote of 62-35 and the Senate by 30-8.

The new law essentially makes registered domestic partnerships the equivalent of marriages.  The law expands on previous Washington state domestic partnership laws by adding such partnerships to all remaining areas of state law where currently only married couples are mentioned. The statutes range from labor and employment rights to pensions and other public employee benefits.  There are currently over 5,000 domestic partnerships registered in the State of Washington.

On May 4, 2009, a referendum was filed.  Referendum 71 was filed by Larry Stickney, president of the Washington Values Alliance. Supporters need to get more than 120,500 valid voter signatures by July 25 in order to qualify for the November ballot.  The filing of the referendum delays the July 26 effective date of the law until the signatures are counted. If opponents qualify for the ballot, the law is delayed until the results of the November election.

Unemployment Compensation

Gov. Christine Gregoire signed legislation temporarily increasing unemployment compensation.  The new law temporarily increases unemployment benefits by adding $45 to weekly benefits and making $155 the minimum weekly payment.  The new law took effect on April 5 and applies to all weeks of benefits for claims with an effective date between May 3, 2009, and Jan. 3, 2010.  The hope is that the additional benefits will help the state’s economy.

Independent Contractor or Employee?

In Afinson v. FedEx Ground Package System, Inc., Wash.Super.Ct., No. 04-2-39981-5 (March 31, 2009), a superior court jury found that FedEx Ground delivery drivers were independent contractors and not entitled to overtime compensation.

The plaintiffs had argued that they were FedEx Ground employees misclassified as independent contractors and, therefore, erroneously denied overtime compensation.  FedEx Ground claimed all of its package delivery drivers are contract employees who are their own bosses.  The contracts between the drivers and FedEx Ground stated that the drivers owned and operated their own businesses “as they chose.”  The jury agreed with FedEx.  The drivers said they will appeal.

In these difficult time, misclassification of employees may become a major issue that employers need to be aware of.  In 2008, Washington passed a law for purposes of unemployment compensation and workers’ compensation statutes that establishes a definition of independent contractor.

Related posts:

1. Washington Law Updates for September 2009
2. Should I Hire An Independent Contractor?
3. Washington Law Updates for July 2009