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.

Sunday, April 19, 2020

EEOC update regarding back to work issues

EEOC addresses back to work issues in recent COVID-19 update.
Law360 outlines a few of the issues:
One question covered what employers should do about potential harassment and discrimination once their workplaces reopen. The EEOC said that employers can remind its workers that bias won't be tolerated and advise management of its role in stopping and reporting harassment and discrimination.

In the new section on returning to work, the EEOC fielded inquiries about screening workers and providing accommodations for personal protective equipment. The agency said the ADA lets employers make inquiries and conduct medical exams if they're necessary for keeping out workers who have a medical condition that poses "a direct threat to health or safety."

But the agency also advised that employers should be careful not to "engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion."

Additionally, while employers can require workers to wear personal protective equipment and engage in certain infection control practices like hand washing, they should be ready to discuss disability and religious accommodations, the EEOC said. 

--Editing by Orlando Lorenzo.

For more information visit the EEOC website: Here.

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.

Sunday, April 12, 2020

Need information on how to apply for the Federal Paycheck Protection Loans?

Update: Funds for this program were exhausted as of April 17, 2020. More funds are supposedly on the way. Stay tuned.

According to Bank of America's website it seems like the banks that are administrating the loans for the federal government want you to be a customer (prior to Feb 15, 2020) with an existing loan or line of credit. However, so long as you are a business banking customer without a business loan with another bank you can apply through your bank. Read more here.

Tuesday, April 7, 2020

Need a Job? Be part of the Solution. Support Small Businesses

The Small Business Association is hiring workers to help small biz owners apply for disaster assistance. Work remotely from the safety of your home & make extra money during this difficult time! Bilingual a plus & they’re looking for all ranges of positions from customer service to operations & supervisors. Pay rates is pretty good and help folks desperately in need.More information here:

Monday, April 6, 2020

Help for the Self-Employed worker.

Gig Workers and the Self-Employed are Eligible for Unemployment Benefits
An important component of the CARES Act significantly expands unemployment insurance benefits for U.S. workers impacted by the coronavirus outbreak. The legislation increases the amount of weekly unemployment assistance workers receive; extends how long they can receive it; and expands eligibility to nontraditional workers such as independent contractors, gig workers and the self-employed. See more at SHRM here.

Friday, April 3, 2020

Covid-19 Help For Individuals - The Cash Payments

For Individuals:

  • Unemployment Insurance
  • Cash Payment Relief
  • Paid Sick Leave
  • Paying Rent and Mortgages
  • Student Loans
  • Food and Nutrition Resources
  • Veterans

Unemployment Insurance

Resources for those facing unemployment due to COVID-19 from the WA State Employment Security Department click HERE.
Visit this list of resources from King County to help navigate different agencies and how to file for unemployment or workers’ compensation.
The CARES Act, recently signed into law, expands and enhances unemployment insurance. Specifically, the bill:
  • Creates a new Pandemic Unemployment Insurance (UI) program to provide unemployment insurance (UI) to individuals who do not qualify for regular unemployment insurance (such as gig-workers, part-time workers, and the self-employed)
  • Increases weekly unemployment benefits by $600 per week (on top of normal benefit) through the end of July.
  • Expands the maximum number of weeks a beneficiary can receive UI by 13 weeks – so workers who exhaust regular benefits would be eligible to receive an additional 13 weeks of unemployment benefits.

Cash Payment Relief

ABOUT CASH PAYMENT RELIEF 
Most American adults will receive a cash payment from the federal government in the coming weeks to help alleviate the economic impact of the Coronavirus crisis. The payment is $1,200 for each adult, plus an additional $500 for each dependent under 17 years old. There is no minimum income threshold or requirement to receive the rebate. However, the rebate phases out for individuals with incomes of: $75,000 (if your income tax filing status is "single"); $112,500 (if your income tax filing status is "head of household"); and $150,000 (if your income tax filing status is "married filing jointly").
All adults with a Social Security Number who are U.S. residents and meet these income thresholds are eligible, including individuals on Social Security, receiving disability benefits, and receiving unemployment compensation.
HOW YOU'LL GET YOUR CASH PAYMENT RELIEF
The cash payment is not something you need to apply for. It will be distributed to you automatically.
If the IRS already has your bank account information because you filed your taxes in 2019 or 2018, you don't need to do anything. The IRS will transfer the money to you and figure the amount based on the recent income tax data it already has. If the IRS has your bank account information on file, you will receive the money through direct deposit. If the IRS does not have your bank account information on file, a check will be mailed to the address provided to the IRS on your most recent tax return.
If you have not filed taxes in the last two years, consider doing so immediately, as it will speed up the process for you to get your rebate. Alternatively, if you were not required to file your taxes in the past two years and thus did not file, there will be a form for you to submit to claim your rebate - more information on this process will be available in the coming days.
Read More here at Congressman Adam Smith's page. 

CARES Covid-19 Corona Virus Scam Alert

From my Sheriff's Office: 
Scam Alert! • Economic stimulus checks
Typically, this is the time of the year when IRS scam reports are at their peak, and the COVID-19 outbreak has only added another opportunity for scammers. Last week's announcement of upcoming stimulus checks generated a new element that scammers have started to exploit. It's important to know that the IRS has NOT shared details about the upcoming payments, and will do so as they become available. The IRS will NOT call or email you asking for personal or financial information to help process this check. They will use information from your past income tax returns. If you receive such a call, hang up immediately! For updates and details on the status of these payments, visit irs.gov/coronavirus. Take care.

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

Thursday, March 26, 2020

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).

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