Gainey Law, PLLC Seattle Employment Law Attorney

    No More Denial.  The Dismantling of Democracy is Underway I’m building a public dashboard that monitors the legal, political, and cultural dismantling of democratic norms in the U.S. It will feature news highlights, state-level legislation, court rulings, and data-backed summaries — updated regularly. The goal isn’t fear. It’s clarity. The dashboard will, with luck, go live soon. In the meantime: The harms are real. Silence is dangerous. The choice to see clearly, and speak up is still ours. Talk to each other, reason things out, find credible sources of information and share them. Stand up for and with your neighbors. 

Most people are unaware that statutory caps apply to damages available in Federal Court. These caps drastically limit the recovery that a plaintiff can receive from a winning lawsuit. To put it simply even if a jury awards Millions of dollars to a plaintiff that was discriminated against in the workplace, in most cases that plaintiff's recovery will be reduced to AT MOST $300,000. Why don't people know this? The media loves an exciting headline that sells the seemingly contradicting ideals that a) that David can beat Goliath - a single person we can speak truth to power and win against all odds and b) there is too much litigation, and people are just out to shake down corporations. Otherwise, headlines would look something like this: Jane Doe wins 127-million-dollar lawsuit against Acme Executive for Racism and Sexual Harassment BUT  Damages awarded will be reduced to the statutory limit of $300,000. Not exactly effective click bait.     But the truth, in this emplo...

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.

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. H...

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 th...

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).

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: ...

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 y...

Office of Labor Standards Reaches its Largest Settlement under Secure Scheduling Law: Jack in the Box Franchises to Pay Over $172,000 to 569 Seattle Workers Seattle, WA - (September 16, 2019)  - The Office of Labor Standards (OLS) announces its largest settlement under the Secure Scheduling Ordinance since the law took effect on July 1, 2017. The settlement agreement calls for a total financial remedy of $172,619.00 to be paid out to 569 affected employees of Pars Group, LLC and Northwest Food Management Group Inc, which operate nine “Jack in the Box” stores in Seattle. OLS alleged the employer failed to properly post employee work schedules fourteen days in advance of work shifts; in addition, it allegedly did not pay premium pay for late work schedule changes and for back-to-back closing/opening shifts, known as “clopening” shifts. “Scheduling is very important to me. It’s difficult to juggle changing shifts. You have to separate your personal time from your work sche...

Don't Do it - Read More. "Women came into the company paid less than men, then they are ranked more harshly and, as a result, got smaller raises and bonuses. I think Nike wants to say that 'Just a couple people were responsible for the problem and we've gotten rid of them.' But we know that's certainly not the case."

Looking for more information about your Rights? Use the links below to get started. For information about federal anti-discrimination laws, including how to file a federal charge of discrimination see the  Equal Employment Opportunity Commission website. For information about Washington state anti-discrimination laws, visit the  Washington Human Rights Commission website. For information about workers’ rights to fair wages and hours in Washington consult the Washington Department of Labor & Industries . For legal assistance and information on unemployment benefits, consult the Unemployment Law Project. For a description of federal False Claims Act whistleblower claims, consult the Department of Justice . For legal assistance and information on minimum wage, wage theft, paid sick & safe time, consult the Office of Labor Standards – Seattle

The first edition of the Gainey-Law podcast, "In the Workplace," was recorded this morning. It will be available here and on my FaceBook page shortly. In this discussion, I briefly outline what makes a bad work situation, a hostile work environment, and  illegal. I hope you find it helpful. If you have questions please visit my website and request a free consultation.

Find out about your rights:  Click here  #metoo #timesup

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