Washington Paid Family Leave Law Delayed
Washington Gov. Christine Gregoire has signed a new law, SB 6158, that pushes back the effective date of Washington’s paid family leave law. The law was originally intended to go into effect on October 1, 2009 but will now go into effect on October 1, 2012. The delay in implementing the program is due to budget shortfalls.
The law will create a state-run insurance program. Under the program employees who take time off from work for the birth of a child or to care for a newly adopted child will receive up to five weeks of family leave insurance benefits. The maximum weekly benefits will be $250 per week. In order to qualify for the benefits, an employee must have worked at least 680 hours during the employee’s “qualifying year” and provided written notice of the intent to take leave. Part-time employees will be eligible for a pro-rated payment.
Only two other states, California and New Jersey, have paid family leave programs.
Domestic Partnership Law Update
The Office of the Secretary of State for the state of Washington stated that the sponsors of Referendum 71, the challenge to the Domestic Partnership law, have scheduled an appointment to bring in their petition by the July 25 deadline. However, the sponsors didn’t say how many signatures they have. 120,577 valid voter signatures are required to qualify for the state’s fall ballot.
If the referendum is submitted the new law won’t go into effect on July 26, 2009. Instead the law will be on hold until the vote is held on November 3.
Unemployment Exemption for Service Member Replacements
On July 26, 2009 an amendment to Washington’s unemployment insurance law, RCW 50.29.021 goes into effect. The amendment exempts an employer from being charged for unemployment compensation to workers hired to temporarily replace Armed Forces members called to active duty.
Federal and state law require that members of the Armed Services, including the National Guard and Reserves, who are called to active duty and serve honorably generally must be reinstated in their civilian jobs when that active duty ends if they make a request to their former employers. Without the amendment to the unemployment law, if an employer hired a worker to fill the service member’s job during the period of active military duty, that worker would be entitled to unemployment benefits when the service member was re-employed and the benefits would be charged against the employer’s experience rating account.
Employers Personally Liable for Not Paying Wages
In Morgan v. Kingen, Wash., No. 81202-1 (July 2, 2009), the Washington Supreme Court was asked to determine whether bankruptcy under Chapter 7 liquidation is a valid defense for not paying wages.
Gerald Kingen (CEO) and Scott Switzer (CFO) established Funsters Grand Casino Inc. in 2001. One year later, in 2002, Funsters voluntarily filed for protection under Chapter 11 of the bankruptcy laws. Kingen and Switzer were unwilling to provided additional capital to satisfy the casino’s debts and wages owed. Because of their unwillingness, the court converted the Chapter 11 proceedings to Chapter 7 liquidation.
State wage and hour laws make employers liable for violations, including failure to pay wages due. If the violation is willful, the person or persons responsible for payment may be held personally liable. The employees sued for back wages and the King County superior court held that Kingen and Switzer were personally liable. The court of appeals upheld the trial court ruling. The Washington Supreme Court held in a 6-3 decision that Chapter 7 doesn’t protect business owners from the requirement that they pay employees wages owed when the failure to pay was willful.
Seattle Adds Veterans to Protected Classes
The City of Seattle amended its anti-discrimination ordinance to include veterans to its list of those protected from discrimination in employment. The Seattle City Council unanimously passed the amendments on June 15, 2009. Mayor Greg Nichols signed the amendments to the anti-discrimination ordinance on June 22, 2009. The amendment prohibits discrimination against honorably discharged veterans, as well as any member of the Armed Forces, on the basis of military status.
Federal and state laws already provide protection against discrimination against veterans. According to Seattle City Council President, Rich Conlin’s website, “advocates for veterans and the state legislator who authored the state anti-discrimination statute encouraged the city to adopt similar provisions” because it can be difficult to access the remedies provided under federal and state laws.
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