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Employment Law


    Legislative Developments

      Washington Department of Labor & Industries EAP Exemption Update

    The Department of Labor & Industries is seeking public feedback on updating current overtime exemption rules and regulations.  The first pre-draft version of the proposed rules is now available.  Among other things, the draft is proposing increasing the salary threshold to anywhere between 1.5 to 3 times the Washington State hourly minimum wage for a 40-hour workweek. This could be a drastic change, and depending on the increase factor, the salary minimums could increase accordingly:

    The Department wants to hear from YOU about the potential revisions!

    Visit the Department’s engagement site here to learn more about EAP exemptions, read the pre-draft rule language, and review the project timeline.  Provide your own feedback and review feedback submitted by others here.  Additionally, the Department is holding three feedback sessions in November, after which formal draft rules will be prepared and released to the public.  The feedback sessions are comprised of a brief overview, followed by a feedback session.  Dates and times are as follows:

    November 27
    10:00 a.m. - 12:30 PM
    The Swedish Club, Stockholm Room
    1920 Dexter Avenue N.
    Seattle, WA 98109

    November 28
    10:00 a.m. - 12:30 PM
    Hilton Garden Inn, Cascade Room
    401 E. Yakima Avenue
    Yakima, WA 98901

    November 29
    10:00 a.m. - 12:30 PM
    L&I Vancouver Service Office
    312 SE Stonemill Drive, Suite 120
    Vancouver, WA 98684


    IRS Announces 2019 Plan Limits

    The IRS recently released the 2019 plan limits for health, pension, and retirement related plans.  Notable changes are as follows:

    • The annual employee contribution limit has been increased from $18,500 to $19,000 for 401(k), 403(b), most 457 plans, and Thrift Savings Plans.
    • The annual IRA contribution limit has increased from $5,500 to $6,000.  The catchup contribution for those age 50 and better remains the same at $1,000.
    • The Flexible Spending Account contribution limit has increase from $2,650 to $2,700.
    • The Health Savings Account contribution limits have increased from $3,450 to $3,500 for singles and $6,900 to $7,000 for families.  The catchup contribution for those age 55 and better remains the same at $1,000.  Additionally, the High Deductible Health Plan (HDHP) out of pocket maximums have increased from $6,650 to $6,750 for singles and $13,300 to $13,500 for families.

    You can read the full retirement plan release here, the FSA release here (see page 17), and the HSA release here.


    2019 Washington Department of Labor & Industries Rates

    Good news on the Labor & Industries front: The Department is proposing an average 5% decrease in premiums for 2019!  If passed, this would be the largest single year drop since 2007.  There are a few factors at play, including a reduction in statewide injuries, the success of the Stay at Work Program, and the recent receipt of a $2.5M federal grant to help workers at risk of filing a long-term disability claim return to work.  You can find more information in the official press release here

    Keep in mind that the 5% is an across-the-board average, so certain rate classes will change by more (or less) than that figure.  You can look up the 2019 proposed rates by risk classification here to see if your business’s risk class rates have changed.  Rate classifications are multiplied by each business’s unique experience modification rating (EMR) to calculate the actual premiums due.   Finalized rates and EMRs will be made available in early December.


    Washington Paid Family & Medical Leave Update

    The Washington Employment Security Department has been hard at work as the Paid Family Medical Leave rulemaking process rolls on!  The Department just released its Employer Toolkit, a 15-page manual that covers all things Paid Family Medical Leave.  The toolkit includes program information and a readiness checklist, as well as sample employee communications. 

    Additionally, the Department is hosting a series of recurring webinars to help employers get ready for what's next; view the schedule and register for webinars here.  As well, check out the Upcoming Meetings schedule for more information on how to attend or call in to public hearings and meetings. 

    Finally, here's an update on where the rulemaking process is at:

    • Phase 1 rules related to CBAs, premiums, and voluntary plans have been finalized!  Read the finalized rules here.
    • Phase 2 rules related to employer responsibilities/penalties and small business assistance have been finalized!    Read the finalized rules here.
    • Phase 3 draft #2 of proposed rules related to benefit applications and eligibility has been released!  Read the draft and submit your feedback to the Department here.   
    • Phase 4 related to continuation of benefits and fraud kicked off in October!  Draft #1 of proposed rules is expected to be released mid-November 2018.  Check back here to view the proposed rules when released.

    As a reminder, all employers will have the responsibility to report hours and earnings, collect and remit premiums, and post required notices beginning January, 2019.  Benefits are available to be collected beginning January, 2020.  Find the most up to date information, download fact sheets and other resources, and sign up for emailed updates by visiting the Employment Security’s Paid Family & Medical Leave website!


    Federal DOL Announces Additional OT Regulation Listening Sessions

    The Department of Labor’s Wage & Hour Division is seeking to update current overtime regulations.  Accordingly, the DOL held nationwide public listening sessions during the months of September and October to obtain feedback and public comment on several different topics, including proposed salary level changes, methodology for updating salary levels, and frequency of salary updates, among other things.  Transcripts of the listening sessions can be found here.  We will continue to watch this progress, so stay tuned!


    Janus v. State, County, & Municipal Employees

    Opinion of the majority on Janus -- click here to read the full opinion.

    For these reasons, States and public-sector unions may no longer extract agency fees from nonconsenting employees. Under Illinois law, if a public-sector collectivebargaining agreement includes an agency-fee provision and the union certifies to the employer the amount of the fee, that amount is automatically deducted from the nonmember’s wages. §315/6(e). No form of employee consent is required.

    This procedure violates the First Amendment and cannot continue. Neither an agency fee nor any other payment to the union may be deducted from a nonmember’s wages, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay. By agreeing to pay, nonmembers are waiving their First Amendment rights, and such a waiver cannot be presumed. Johnson v. Zerbst, 304 U. S. 458, 464 (1938); see also Knox, 567 U. S., at 312–313. Rather, to be effective, the waiver must be freely given and shown by “clear and compelling” evidence. Curtis Publishing Co. v. Butts, 388 U. S. 130, 145 (1967) (plurality opinion); see also College Savings Bank v. Florida Prepaid Postsecondary Ed. Expense Bd., 527 U. S. 666, 680–682 (1999). Unless employees clearly and affirmatively consent before any money is taken from them, this standard cannot be met.

    Abood was wrongly decided and is now overruled. The judgment of the United States Court of Appeals for the Seventh Circuit is reversed, and the case is remanded for further proceedings consistent with this opinion.

    It is so ordered.


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