Nevertheless, under new enforcement provisions, ESD retains the right to investigate violations within three years of a complaint and issue determinations requiring damages, attorneys’ fees and costs, and even liquidated damages against employers. In short, an employee cannot have a concurrent complaint with the Employment Security Department and a pending lawsuit. The new law also provides that any complaint filed with the Employment Security Department (ESD) must be withdrawn or resolved before an employee may bring a complaint in Washington State Superior Court. Plaintiffs will also have the right to recover their attorneys’ fees, witness fees, and costs from the employer. Critically, the amendment specifically provides that employees may assert class action claims against employers in addition to individual claims. Starting June 11, 2020, employees will have the right to bring a private right of action to recover damages “against any employer” for PFML violations. The amendments further clarify that infrequent and irregular casual labor is performed 12 or fewer times per calendar quarter and not on a “consistent cadence.” This type of work takes a variety of different forms but will likely look like “odd jobs” around the workplace and will most likely apply to small employers who occasionally need an extra set of hands. “Casual labor” means work that is (1) performed infrequently and irregularly and (2) if performed for an employer, the work does not promote or advance the employer’s customary trade or business. Numerous small changes to waiting periods, conditional waivers, and supplemental benefits.Įffective March 25, 2020, “casual labor” is now exempted as a type of employment covered under the PFML program – meaning employees who perform casual labor are not eligible for PFML benefits.A new private right of action to employees and new enforcement provisions and.A new definition and exemption for casual labor from the types of covered employment.But while many employers are still learning the mechanisms for reporting and complying with its provisions, all Washington employers will now need to adjust once again to keep up with the changes. Washington’s law already provides paid leave benefits to nearly all employees for specific family and medical reasons and has been in effect since January 1, 2020. Although most employers have been distracted by the COVID-19 coronavirus crisis, Washington’s governor recently signed into law changes and clarifications to the state Paid Family and Medical Leave (PFML) law that all employers will need to know about.

Washington state paid family leave