About Attorney Nicole Gainey

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Seattle, WA, United States
Seattle Attorney, Nicole Gainey, founder of Gainey Law PLLC, represents Washington State employees who have been sexually harassed, discriminated against and wrongfully terminated in legal disputes against their employers. To date, she was litigated against employers large and small seeking justice for her clients.
Showing posts with label CARES ACT. Show all posts
Showing posts with label CARES ACT. Show all posts

Tuesday, July 28, 2020

Covid-19 Resources for non-profits and small employers available

Communities Rise provides Free legal resources for non-profit organizations and small businesses with fewer than 50 employers and 2-million in yearly revenue. To find out more go here.

Thursday, May 14, 2020

Want to Stay on Unemployment? It's likely not up to you.

In some cases workers are realizing that with the federal stimulus money they can do better financially by staying out of work. Especially if they are taking care of kids that would normally be at school or otherwise engaged outside the home during work hours. As an employment attorney I field a few of these "do I have to go back to work" calls a week. 

This article from SHRM explains: "If you are recalled to work, your unemployment is stopped. It isn't really your choice." 
Lindsey White, an employment lawyer and partner at Shawe Rosenthal in Baltimore, said, "The employees who are saying, 'Thanks for the offer of work, but I would rather stay on unemployment' won't be eligible for unemployment. That is going to be a rude awakening [for many]."

The article addresses how Workers and Employers can get creative to solve some problems: 
For example, when employers are considering terminating employees for continued performance issues, the employees will volunteer to be laid off (not resign, resigning forfeits unemployment benefits) so they can collect unemployment, said Stephanie Weinstein, an employment lawyer with Marcus & Shapira in Pittsburgh. In those cases, the arrangement benefits both parties.
For an employee who might feel too overwhelmed by pandemic-related caregiving obligations to go back to work, there is another option: The Families First Coronavirus Response Act (FFCRA). The law requires employers with fewer than 500 workers to offer 80 hours of paid sick leave for caregiving at two-thirds the employee's regular rate of pay, capped at a maximum of $200 a day or $2,000 total, if the employee is unable to work or telework. Paid sick leave is also available for individuals experiencing symptoms of COVID-19, in quarantine or caring for an individual under quarantine. 
The same law expanded family and medical leave to cover employees who are unable to work or telework because of the closure of a child's school or child care facility. The first 10 days of the 12 weeks of leave are unpaid (although employees can use the paid sick leave to get paid at two-thirds their regular rate for this time). The last 10 weeks are paid at two-thirds of the employee's regular rate, capped at $200 per day or $10,000 total, White said. Employees can take the leave between April 1 and Dec. 31, 2020.
The extended family leave can also apply to people who work remotely. "Let's say an employee's husband can watch the kids in the late afternoon through evening, but the employee normally works later in the day," Weinstein said. "The employee could work with her employer to change her work hours or also possibly take some intermittent leave." The arrangement should work both for her employer and for the employee.
Added White: "If someone is allowed to work from home, you can take family leave intermittently if the employer agrees. For example, the mom can take four hours a day and the dad can take four hours a day, but they can't both be off from 8 a.m. to noon." Instead, they could take leave in shifts to watch the children and help them with schoolwork.
Employees who are not getting their full salary through the FFCRA may be eligible for partial unemployment benefits, White said. Even where an individual receives partial unemployment benefits, he or she will receive the extra $600 payment from the CARES Act.

Monday, May 4, 2020

Unemployment Law Project may have the answers you need regarding Washington State's unemployment benefits coverage in the age of Covid-19

Here are there top questions of the week:


My job is considered essential, but I have some health issues that put me at risk. Do I have to keep working?


No. Even if your work is considered essential, you should not put yourself at risk. It’s preferable to stay attached to your employer if possible. Let your employer know that you cannot return until it is safe. Under new rules, you can qualify for unemployment benefits if you are at high risk and are staying home based on medical advice about the dangers related to that risk. File for unemployment and notify your employer when you can return.*
Gainey Law Note: However, the risk must be to you personally the analysis may be different if the at risk person is a family member. 


My employer has reduced my hours. Do I have to quit to get unemployment?


You can apply for benefits and keep working if you were hired to work full time and have your hours temporarily reduced by less than 60 percent. Report the income earned each week you claim and your benefit amount will be adjusted.*
Gainey Law Note: Please do not quit your job without consulting an attorney as you may forfeit, or make it more difficult to obtain, your ESD benefits. 
 

I started on unemployment several weeks before the COVID-19 crisis. My benefits are about to run out. What should I do?


Under new rules, between March 29 and December 26, 2020, you can receive up to 13 weeks of benefits in addition to the regular 26 weeks.*
* These answers are not intended to be legal advice. For free telephonic legal advice, please contact us at (206) 441-9178 or toll free at 1(888) 441-9178.

Monday, April 13, 2020

Adam Smith and Commissioner Lavine from ESD

https://www.facebook.com/watch/live/?v=1117118571999452&ref=watch_permalink

The ESD system should be updated this Sunday. Get ready. Get your paystub, 1099 form or tax document ready to allow ESD to figure out how much is due to you.

https://www.esd.wa.gov/. BE PREPARED! Get your account set up and your paperwork in order so ESD can get you the benefits you need.

Tuesday, March 31, 2020

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

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