Blog related to Seattle Employment Law - Sexual Harassment, Discrimination and Hostile Work Environment.
About Attorney Nicole Gainey
- Gainey Law, PLLC (Nicole Gainey she/her)
- 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.
Wednesday, May 6, 2020
Governor Inslee rolls out a four part plan to reopen the State.
At risk citizens should continue to stay home and take precautions when on necessary trips out of the home until phase 4. Then during phase four they should continue to practice social distancing adn other precautions but are allowed out tot he same degree as everyone else. At risk is defined as those persons 65 or older or with underlying health issues that may put them at greater risk of infection or reduced chance for survival if infected with the Covid-9 virus.
The four phases outline the recommend easing of restrictions over a number of weeks. Including increasing essential travel, allowing small gatherings and moving toward larger gatherings (of less than 50) as the summer nears. But this is still a massive restriction on entertainment as we knew it pre-covid. What about weddings? Concerts? Festivals? Fundraising events? It is not clear when things like that will get back to normal. See the Governor's chart here.
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.
May is Older American's Month (A message from the EEOC Chairwoman Janet Dhillon)
Statement by EEOC Chair Janet Dhillon on Older Americans Month May 2020
Read more here.
Thursday, April 23, 2020
Having a hard time getting your unemployment benefits? Can't get anyone on the phone? Try after 5pm.
A word from the Unemployment Department of Washington State
ALERT: Our system update is complete and eServices is online. However, both the site and our phone lines are experiencing extremely high volumes. Pages are loading slowly and call wait times are long.
Please keep trying or come back and try later.
If you are calling to submit your weekly claim, please try back after 5 p.m.
Thank you for your patience. We apologize for the inconvenience.
For more information visit www.ESD.gov
Tuesday, April 21, 2020
Is the Worst of the Corona Virus Crisis behind us in Washington State or Yet to Come?
While many of us are itching to get back to some semblance of "normal life," the indicators are not there to suggest that will be possible or safe immediately.
The curve may be flattening, but without adequate testing for antibodies what does that mean for re-opening businesses? Its hard to say. Here are the statistics we do know to date. Read more about Washington's confirmed cases here.
Seattle-King County Public Health’s Jeff Duchin spoke out this week about how prepared Washington is to reopen, noting that even with the outbreak waning, it’s not yet time to relax social distancing measures. Read more.
Dr. Gordan Cohen joined Seattle's morning news to explain: Reopening the Economy before a vaccine will call for strict sanitation protocols.
So, hang in there Washington and we will get through this together. To that end, I found this list of the 80, yes 80, things to do while stuck at home. Read More about things to do while stuck at home bored here.
The curve may be flattening, but without adequate testing for antibodies what does that mean for re-opening businesses? Its hard to say. Here are the statistics we do know to date. Read more about Washington's confirmed cases here.
Seattle-King County Public Health’s Jeff Duchin spoke out this week about how prepared Washington is to reopen, noting that even with the outbreak waning, it’s not yet time to relax social distancing measures. Read more.
Dr. Gordan Cohen joined Seattle's morning news to explain: Reopening the Economy before a vaccine will call for strict sanitation protocols.
So, hang in there Washington and we will get through this together. To that end, I found this list of the 80, yes 80, things to do while stuck at home. Read More about things to do while stuck at home bored here.
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.
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.
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.
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.
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