It's the time of year again in Washington State. The state legislature passed a number of bills that Gov. Jay Inslee has signed into law that went into effect on July 1, 2019. Here's what you need to know about some of the new laws:
1. TRAFFIC: For those of you in Western Washington, HOV or carpool lane violations have higher fines. For the simple offender, the ticket goes up an extra $50 for a first-time violation. For those of you who try to be sneaky using stuffed animals, mannequins, and other faux-passengers, the violation is $200 more.
2. Health: The personal or philosophical exception to vaccinating children against measles, mumps, or rubella (the MMR vaccine) is no more. That means that parents must vaccinate their children before sending them to school or licensed day cares. The religious exemption still exists.
3. Employment. A big win for back-to-work moms - employers now have to either provide a private place that is not a bathroom stall or work with the employee to allow her to breast feed and/or pump breast milk in a private setting.
4. Voting. All ballots in Washington will include prepaid postage for all elections to reduce barriers to voting.
5. Residential Tenants: Renters made two big wins. First, a tenant must give 14-days notice for an eviction due to non-payment of rent. This is 11 days more than under prior laws. Second, a landlord must provide sixty (60) days written notice to increase rent. Per usual, a landlord cannot increase rent while a lease is still valid. That means if you signed a year-long residential lease, you get the stated amount of rent during that year - no changes can occur to the amount of monthly rent.
This is just a portion of the new Washington laws. Remember, your city or county may have additional new laws, especially if you're in King County. As always, for our Idaho clients, we're happy to give you a rundown of your rights' in Idaho, as they often vary greatly from those in Washington. We're here to help.
On Sunday, July 23, Washington's new distracted driving law goes into effect. What do you need to know?
1. You are forbidden virtually all use of phones, tablets laptops, and gaming devices while driving. This includes at a stop sign or stopped.
2. You can still have a phone in a dashboard cradle for navigation, but no watching last night's "Daily Show" or any other video.
3. Hands free systems in your car are still fine.
4. The initial fine is $136. The second citation is $235.
5. Distracted driving tickets will get reported to your insurance company.
6. Grooming (makeup, hairbrushing, beard brushing) and eating are "secondary offenses," so if you are pulled over for another reason, you can be cited an extra $30 for that kind of distraction.
Keep you hands on the wheel and your eyes on the road, and text when parked. Brush your teeth before you leave the house and eat your fries when you get home.
Last week, we talked about at-will employment. In general, in Washington, your employer can terminate your employment for any reason or no reason, if you are an at-will employee.
But, what if you think the reason you were terminated was wrong? What exactly is wrongful termination. In Washington, wrongful termination will generally fall under the following categories: (1) employment discrimination; (2) retaliation for filing a complaint; and (3) permissible leave or time off. The following is a short summary of what these categories mean:
1. Employment Discrimination. State and federal law prohibit adverse employment actions (not hiring someone, firing someone, or not promoting someone, for example) based on discrimination. In Washington, employers cannot discriminate based on the following categories: age (over 40), race, gender, sexual orientation, sexual or gender identity, pregnancy, veterans status, religion, ethnicity, and marital status. If your membership in one of these groups is the reason for your adverse employment action, you may have a legal claim for damages.
2. Retaliation for Complaints. A variety of Washington state and federal laws protect employees from being fired for reporting wage or hour claims or for reporting violations of codes or laws (like reporting an employer for not following required environmental policies when disposing of chemicals). It is not retaliation to be terminated for challenging an employer's policies that are lawful, but you do not like.
3. Permitted Leave or Time Off. Employers in Washington are required to provide unpaid leave for sick employees and family members under the FMLA. Some counties require employers to allow employees paid leave for illness or domestic violence situations (including Spokane County). Employees in the military are permitted leave or time off for required military duty. Employers are also required to provide unpaid leave for jury duty and pregnancy.
Wrongful termination is not: being fired for being late or violating employer policy or being fired for disagreeing with your boss.
These are only general categories, and we'll delve further into the above categories in future Employment Law 101 posts. If you suspect you've been wrongfully terminated, you should contact an attorney because you have varied timelines to pursue an action.
Up next: Wrongful Termination (Idaho)
In employment settings, you often hear the term "at will" or "at will employee," but what does that really mean? It means that your employer can fire you for any reason or no reason at any time without any notice, so long as the real reason for firing you as the employee is not unlawful in some way. Almost every state has some iteration of at will employment laws. At will employment also means that the employee can leave when she or he wants as well.
Exceptions to at will employment include:
1. Employees with employment contracts (this is rare in Washington and Idaho)
2. Union employees bound by a collective bargaining or union agreement
3. Independent Contractors
If you are an at will employee, you are usually notified of that upon hiring, in an employee handbook, and in employer-led trainings. You should assume that if you are an employee in Washington or Idaho, and you don't fit one of the above-three exceptions, you are at will. Your termination is only unlawful (or, wrongful termination): (1) if you've been unlawfully discriminated against as a member of a protected class (veterans, women, persons of color, religion, sexual orientation); (2) if you've reported a violation of a local, state, or federal violation of a law or regulation; or (3) if your employer failed to follow its handbook procedures in terminating you (such as failure to follow progressive discipline policies that are in writing). We'll talk more about unlawful termination in our next Employment 101 post.
In the meantime, if you are an employee or employer with questions about being terminated or terminating, GIANTlegal is happy to help.
All blog posts are written by members of the GIANTlegal team, unless otherwise indicated. Information contained in our blog does not constitute legal advice, nor does it create an attorney-client relationship.