Employers - Look before you Leap - Keep your Staff Employed even if you are not an essential business. Especially if you are not an essential business!

If you are a worker and your employer owes you unpaid wages you can file a complaint with the Department of Labor and Industry

Dear Washington State Employers,

Please take a deep breath and assess your options before laying off or terminating workers right now. The CARES Act that just passed will provide "loans" to businesses with employees who retain those employees. The loans may be forgiven for employers who retain staff over a period of time. If you do lay off or fire your staff - pay them what you owe them. That is still the law.

Paycheck Protection Program

The Paycheck Protection Program, one of the largest sections of the CARES Act, is the most important provision in the new stimulus bill for most small businesses. This new program sets aside $350 billion in government-backed loans from private banks that can, in some cases, be converted to grants, which means that if you meet the requirements you won't need to pay the loan back.

How does the program work?

Paycheck Protection loans will come from private banks. Currently, the SBA guarantees small business loans that are given out by a network of more than 800 lenders across the U.S. The Paycheck Protection Program creates a type of emergency loan that can be forgiven when used to maintain payroll through June and expands the network beyond SBA so that more banks, credit unions and lenders can issue those loans. The basic purpose is to incentivize small businesses to not lay off workers and to rehire laid-off workers that lost jobs due to COVID-19 disruptions.

Click HERE for more information about the Paycheck Protection Program.

If you are a worker and your employer owes you unpaid wages you can file a complaint with the Department of Labor and Industry

Resources for the financially vulnerable

Hi folks,

I hope this finds you healthy and calm and safe (if bored) in your homes. I can't help you find that last pack of toilet paper, but I know there are some other concerns brewing out there and I might be able to help.

A lot of people are being laid off or otherwise losing their jobs. Employers are making tough decisions. Whether you are an employer or an employee here are some resources to help you get through this.

Employees / Formerly employed / Job Searchers:

Wondering if your Employer can Take my Temperature at work? Yes they Can.

Were your Unemployment Benefits Denied? Do you Need help? Contact the Unemployment Law Project for free legal help with your Appeal.

Want to Know More about Your Employment Rights? Fair Work Washington

And Labor and Industry Department answers about Corona Virus.

EEOC discusses Delayed hiring dates, Health screenings and Questions by Employers. EEOC Covid-19

Employers:

Society of Human Resources Management

Weathering the Covid19 Coronoa Virus: Furloughs Layoffs or Pay cuts?

New Rules for Employers Require Paid Leave Under Coronavirus Relief Law

Is yours and Essential Business? is my supply train safe? Check LNI for information.

Information and Resources for Employers and Business Owners during Covid-19 / Corona Virus induced shut downs

Click here to find out How to set up your business with the different programs now being offered through the Employment Securities Department of Washington State (ESD).

Washington State employment Security Department Clarifies Changes

GO to CHAMBER OF COMMERCE PAGE FOR INFO and better formatting. Or see text below.

There were many questions about providing health benefits to employees during this time. For most employer-sponsored plans, employees can continue to stay on employer-sponsored health insurance while on an unemployment program. This would fall under “NON-FMLA leave of absence”. It is a provision that would allow accommodations in this regard. Employers can self-manage/determine how they implement, but it would allow employers to decide to maintain eligibility. There also needs to be at least one active employee in the business at all times (which can be the owner). Most employer-sponsored programs can continue to cover employees. Most employer plans (including Business Health Trust) have non-FMLA Leave of Absence. This means, that employees can still participate and that employers have discretion in this. Check with your broker or health plan if you have more questions. Note the provision below: NON-FMLA LEAVE OF ABSENCE Coverage for an employee and enrolled dependent(s) may be continued for up to 90 days when the employer grants the employee a leave of absence and full premium rates continue to be paid. The 90-day leave of absence period counts towards the maximum COBRA continuation period, except as prohibited during the FMLA (Family and Medical Leave Act of 1993).For LTD, coverage ends as of the date of the next month in which the leave of absence begins. Denials & Standby Denials that went out for standby based on part-time status and/or because they requested more than 4 weeks will be corrected by ESD automatically. Please encourage employees to continue to apply weekly. All programs require weekly filing. All Unemployment programs require 680 hours in the base year. Standby: Employees normally part-time or full-time working under 16 hours per week may qualify for Standby. Common separation reason is “laid off” (even if temporary due to closure/reduction in hours). Under the emergency rules: - Part-time employees may participate - Up to 12 weeks - Do not need to actively seek work if on approved standby. Please note: that the ESD system has errors currently and they are working to fix this. Please continue to file. If return to work dates need to be updated, the employee can request in their eservices account or by contacting the claims center. Due to high volumes, web pages are very slow. (See screen shots attached). Partial Employment: Employers who need to keep operating on a less-than-full time basis can request status known as “Partial” for their employees; work search while on unemployment is waived if employees are hired to work full-time, employees return to at least 1 week of full time employment within a 4 month period, employees work a minimum of 16 hours per week during Partial Employment. Employees need to claim weekly. Shared Work Video: Shared work must be applied for by the employer (they need to have a work plan) and employees can not drop below 50% employment. Shared work is for permanently hourly employees with a minimum of 2 permanent employees in the SharedWork plan. Employees are not required to look for work during this time. Employees need to claim weekly. Resources: The below websites have information on the type of benefit programs and common questions (about existing claims, eligibility, Guide for Employees Easy To Read Guide of Scenarios User Guide for Employers (including how to manage claims, apply for shared work and other programs) For specific employer-questions, please direct inquiries to: SystemPolicy@esd.wa.gov

Washington State launches web form to clarify “essential” businesses under COVID-19 Stay Home, Stay Healthy proclamation

Having trouble viewing this email? View it as a Web page. March 25, 2020 Joint Information Center 253-512-7100 wajic@mil.wa.gov State launches web form to clarify “essential” businesses under COVID-19 Stay Home, Stay Healthy proclamation A simple online form and comprehensive resources are available at www.coronavirus.wa.gov to answer questions from businesses and individuals about their essential/non-essential status. Camp Murray, WA - Washington state today launched an online form so businesses can get clarification or submit a request for inclusion as essential under Gov. Jay Inslee’s Stay Home, Stay Healthy proclamation. The proclamation goes into effect at midnight tonight, closing non-essential businesses for the next two weeks. State officials continue to emphasize that the state COVID-19 web portal is the central location for the most current information and resources for businesses and individuals: https://coronavirus.wa.gov/business-workers. Inslee’s Stay Home, Stay Healthy proclamation defines essential and non-essential businesses and workers related to the COVID-19 emergency response. People are encouraged to review the proclamation language carefully on what is open and what is closed for the next two weeks. “This is a difficult time for all of us, and we recognize the hardship on many businesses and families,” said Commerce Director Lisa Brown. “As Governor Inslee said Monday night, we want to get back to normal as soon as possible, and to do that, we have to hit this hard. We are taking steps to relieve and mitigate the economic impacts of this action to the greatest extent possible.” Brown underscored that this is for now a two-week closure, and state officials will be evaluating the situation as we move through the expected increase in numbers of people testing positive for COVID-19. Inquiries from businesses about their essential/non-essential status are being reviewed as quickly as possible. For fastest response, businesses are urged to use the portal. In response to widely-circulated rumors, state officials also want to be clear that no one needs to be registered on any list, and no one needs a letter or pass of any kind to continue moving about, conducting essential business and activities. Visit the portal's Spread the facts page. The COVID-19 portal at www.coronavirus.wa.gov will have the most current and accurate information. Contact: Penny Thomas Media Relations penny.thomas@commerce.wa.gov | 360-704-9489

Update on evolving Unemployment benefits rules and procedures

These are just quick notes from a Webinar the Washington State unemployment (ESD) office put out today.

If you work or worked in Seattle, Bellevue, Redmond, Kent or anywhere in Washington State this information applies to you.

Current options for Unemployment benefits (ESD) during the Corona virus / Covid-19. Watch the recent webinar here (starts at 27 min. fast forward).

1. Standby

2. Partial Employment

3. Shared Work (no requirement to look for work ) “WAIVER OF WORK SEARCH”

Right now unemployment department is inundated with applications. Normal 3K last week 100K!!!!

So go online and apply when everyone else is sleeping.

File every week even if denied and keep filing. They can fix it retroactively.

Still requires a base year (first 4 quarters of the last five) of work to qualify - must have worked 680 hours.

You can combine claims with other states if you moved.

You can open a claim while still working full time. Why would you? To see what your benefit rate would be if you file now rather than later. Filing earlier helps if you know you are going to get cut back or laid off.

If you are Self-employed you should still apply. If your work is something you can do while also working full time at the same time you may still qualify. But you may have to deduct the self employed income  from benefits. May also depend if you were doing it before you separated from the Employer.

Are 1099 contractors eligible?
1099 contractors can be eligible if the Employer mis-categorized them as contractors(self-employed). Whether the employer had Direction and Control over the employees work are key to the determination. An employee (former employee) has to request a review of that 1099 (contractor) status..

If you are getting errors on the website – try logging on later in the evening.
Claim centers are opening earlier 7am – 6pm and will be open on Saturdays soon. Also implementing virtual hold to return calls. NO in person claims.

Call me if you need help working through this process. Contact info here www.gainey-law.com

Can I be fired because I asked to Work from Home during the Corona virus (Covid-19) outbreak? (Answers and Resources)

As the Covid-19 corona virus virus continues to effect the Seattle area, King County and our entire region in dramatic ways, my law firm is beginning to get the first calls from people who have been fired or otherwise separated from their jobs because of the virus. It is often unclear if you have any legal protections or remedies in these situations without discussing what happened in detail with an attorney. So, the information here is not provided as legal advice, if you wish to find out more about your potential legal claims go here to share what has happened to you. We will get back to you as soon as we can.

In the meantime,  I've put together a list to help employees connect with resources they may need right away.

If you live in Seattle or Washington, or work for a Washington Company, and you or a family member is sick requiring you to stay home to care for yourself or that family member you may qualify for paid sick leave. See: Full Pamphlet PFSL. 

If you have been fired or laid off from your job (Do Not Quit - but see above) you may qualify for unemployment benefits. See: ESD benefits.

If you develop a disorder related to the epidemic, such as an anxiety disorder, that requires accommodation by your employer (work from home?) you may have the right to negotiate for that accommodation, and doing so may protect your job. In the coming days working from home may be required by law. See: The Law. 

If you contract the virus at or through your workplace, your medical care may be handled through a claim with Labor and Industry: See: Labor and Industry Claims: Coronavirus 

For Businesses:

What can Employers do to mitigate the loss to their businesses and to their employees? First abide by all government safety recommendations. Safety first. There are programs in place to help with the economic toll. Apply for them now even if you aren't sure you will need them. For example, if you need to cut your employees hours they may be eligible for a special program to make up the lost wages. See: Apply for ShareWork Program.   

For Employees:

Unemployment Benefits FAQ:

Q.  The school I work at is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.  If you are being paid by the school while your school is closed, you can apply for benefits, but you may be considered fully employed and not eligible. If your school is not paying you while it is closed, you may be eligible for benefits. You will have to be able, available and actively seeking work during each week you claim, unless you are approved for standby. Eligibility decisions are made on a case-by-case basis.

Q.  My child’s school is closed due to the Governor’s order to close. Am I eligible for unemployment benefits?

A.  It depends. If you cannot go to work because you don’t have childcare for your child while school is closed, you should call your employer and let them know why you are absent. If your employer fires you or lays you off while you are absent, you may qualify for benefits.  However, you are required to be able, available and actively seeking work each week you collect unemployment benefits. If you do not have childcare so that you can return to your job or accept a work offer, you will not be eligible for unemployment benefits. If your situation changes, let us know. Remember, your first and best option should always be employer-paid time off.

Q.  I am a substitute teacher who is no longer able to secure work with a school because of the closures. Am I eligible for unemployment benefits?

A.  You may be eligible for unemployment. You will have to be able, available and actively seeking other suitable work during each week you claim. Eligibility decisions are made on a case-by-case basis.

General (non-legal) FAQ:

Q: How long can CoVid-19 survive (remain viable and infectious) on surfaces?

A:  Human coronaviruses, such as SARS and MERS, have been found to persist on inanimate surfaces -- including metal, glass or plastic surfaces -- for as long as nine days if that surface had not been disinfected, according to research published earlier this month in The Journal of Hospital Infection. [But remember the highest number of transmissions occur by breathing in droplets in the air that contain the virus such when someone nearby coughs or sneezes. So besides cleaning surfaces - social distancing remains an important prophylactic to catching the virus.]

Cleaning with common household products can make a difference, according to the research, which also found that human coronaviruses "can be efficiently inactivated by surface disinfection procedures with 62-71% ethanol, 0.5% hydrogen peroxide or 0.1% sodium hypochlorite" or bleach within one minute.

"Based on the current available data, I would primarily rely on the data from SARS coronavirus, which is the closest relative to the novel coronavirus -- with 80% sequence similarity -- among the coronaviruses tested. For SARS coronavirus, the range of persistence on surfaces was less than five minutes to nine days," said Dr. Charles Chiu, an infectious disease professor at the University of California, San Francisco, and director of the USCF-Abbott Viral Diagnostics and Discovery Center, who was not involved in the new study.

"However, it is very difficult to extrapolate these findings to the novel coronavirus due to the different strains, viral titers and environmental conditions that were tested in the various studies and the lack of data on the novel coronavirus itself," he said. "More research using cultures of the novel coronavirus are needed to establish the duration that it can survive on surfaces."

Q. Should I avoid contact with Pets, If I am sick?

A.  You should restrict contact with pets and other animals while you are sick with COVID-19, just like you would around other people. Although there have not been reports of pets or other animals becoming sick with COVID-19, it is still recommended that people sick with COVID-19 limit contact with animals until more information is known about the virus. When possible, have another member of your household care for your animals while you are sick. If you are sick with COVID-19, avoid contact with your pet, including petting, snuggling, being kissed or licked, and sharing food. If you must care for your pet or be around animals while you are sick, wash your hands before and after you interact with pets and wear a facemask.