The Supreme Court of the United States announced its 6-3 decision today affirming that Title VII protects employees from discrimination on the basis of sex, and that basis includes sexual orientation and gender identity. The Court addressed three consolidated cases in which each of the complainants was terminated shortly after their same-sex orientation or transgender […]
Karen Kalzer
Ms. Kalzer practices employment and education law with an emphasis on defending complex litigation for communities of faith, non-profits, schools and private employers.
Payroll Protection Plan (PPP) Loans Authorized Under the CARES Act to Faith Based Organizations
On Friday April 4, 2020, the Small Business Association (SBA) issued guidance regarding the availability of the Payroll Protection Plan (PPP) loans authorized under the Coronavirus Aid, Relief, and. Economic Security (CARES) Act to faith-based organizations. That frequently-asked-questions (FAQ) sheet offers us some guidance and can be found here. The FAQ clarifies that religious entities […]
New Families First Guidance from Department of Labor
The US Department of Labor (DOL) has provided additional information and guidance regarding the emergency leaves provided under the Families First Coronavirus Relief Act (FFCRA). The Q & A page that provides the guidance may be found at https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. The following are some highlights of the new guidance: The Emergency FMLA (EFMLA) is not in […]
U.S. Department of Labor Releases Model Notice of Employee Rights to Paid Sick Leave and Expanded Family and Medical Leave
The Families First Coronavirus Response Act (“FFCRA” or “the Act”) requires covered employers to provide employees with notice of the provisions of the Act. The U.S. Department of Labor (“DOL”) has provided a model notice which may be found here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf Although the notice may be posted physically at the employer’s main office in a […]
Department of Labor Issues Families First Coronavirus Response Act Guidance
The Department of Labor has issued some limited guidance regarding the implementation of the Families First Coronavirus Response Act (FFCRA), https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. Additional, more detailed, guidance will be forthcoming. Please take note of these vital clarifications. FFCRA will go into effect on April 1, 2020 NOT on April 2 as previously reported. This is important to […]
The Families First Coronavirus Response Act
The Families First Coronavirus Response Act, (the “Act”) has been signed into law. It will go into effect in 15 days, and expire on December 31, 2020. This is NOT a bill that will provide direct payments to Americans, that would be a third relief bill which has not yet been fully formed or voted […]
DOL Issues Proposed Rules for Exempt Employee Salary Levels
As we predicted in our Spring Employment Breakfast, the Washington State Department of Labor & Industries has issued a series of proposed rules regarding the classification of exempt employees, with changes to both the duties test and the salary test. An employee must meet the requirements of both tests to be properly classified as an […]
What You Should Know About the Proposed Title IX Regulations
By and large, independent schools are not subject to Title IX and its guidance regarding sexual misconduct complaints. However, often our parents have Title IX-like expectations. Under the Obama administration, more aggressive enforcement was the norm and the parent expectation. Education Secretary Betsy DeVos rescinded those guidelines in 2017. On Friday, November 16, 2018, the […]
Washington Human Rights Commission Task Force Publishes Model Procedures and Best Practices
The Washington Human Rights Commission Task Force published its draft Model Procedures and Best Practices (“Model Procedures”) to address sexual harassment in the workplace today, November 5. These draft Model Policies and Procedures can be found at here. Comments on the proposed Model Procedures are being accepted until November 30, 2018 at [email protected]. The proposed […]
State Supreme Court Reaffirms Commitment to Personal Liability for Wage and Hour Claims
In a unanimous decision, the Washington State Supreme Court answered two questions regarding wage withholding as certified by the Western District of Washington. A corporation’s Board of Directors had determined to file Chapter 7 bankruptcy on a date before the normal payroll date, and then argued that they could not be held liable for wage […]