WASHINGTON STATE HELP WITH LAYOFFS

Washington State’s Employment Security Department, which is the source of the information in this posting,  provides employers with help in determining if layoffs are necessary and with information on resources available to employees and employers.  For example, Washington State offers a program that provides partial unemployment benefits to workers who are in the state’s Shared-Work Program.  This program is available to qualified companies who have been registered in the state for at least six months.  The workers selected by the employer for this program must be full-time, hourly employees who worked at least 460 hours for the employer in the previous quarter; must be eligible for regular unemployment benefits; and must be able and available to work all hours offered by the employer.  The reduction in hours for employees in the program must be at least 10 percent but not more than 50 percent.  The shared-work plan can last up to one year.  Instructions and details are available online.

 In addition to the Shared-Work Program, there is a program called WorkSource, which is a joint effort by the business and labor communities, workforce development councils, community and technical colleges and governmental agencies to provide employment and training-related resources to employees and employers.   

Ogden Murphy Wallace’s Solving Employment Law Issues: a Resource Guide will feature ten tips on layoffs in January 2010.  This publication is available in hard copy or via email from Karen Sutherland.

This posting is not legal advice, and should not be relied on for any purpose.  It is a summary of a complex area of the law, which may have changed since this posting was written on December 19, 2009.

Federal Employment Law Guide Updated

The U.S. Department of Labor announced on November 30, 2009 that it has updated its online Employment Law Guide (click on title to open link).  This Guide discusses federal laws on wages and hours worked; safety and health standards; health benefits; retirement standards and worker’s compensation; lie detector tests; whistleblower and retaliation protections; plant closings and mass layoffs; union officer elections and financial controls; uniformed servicemember rights under USERRA; work authorization for non-U.S. citizens; and federal contracts, among other topics.  The Employment Law Guide is a good starting point for identifying issues under Federal law, but keep in mind that if there is a state or local law that is more protective of employees, it will probably be applied, so state and local laws should be checked before deciding if an employer is in compliance with all applicable laws.  

 There is a related federal online tool called FirstStep Employment Law Advisor, which provides basic information about recordkeeping requirements, reporting, posters and other notices relating to federal employment laws.

 This article is not legal advice, and should not be relied on for any purpose.  It is a summary of a complex area of the law, which may have changed since this article was posted on December 4, 2009.