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Home  /  Weekly Fast Facts - 2008  /  Court deals a blow to employers by expanding UI coverage for voluntary quits
Court deals a blow to employers by expanding UI coverage for voluntary quits
Written On: Monday, June 23, 2008

Court deals a blow to employers by expanding UI coverage for voluntary quits
On June 19, the Washington Supreme Court issued a decision in the Spain v. Department of Employment Security case that challenged Washington’s law identifying the 10 (now 11) “good-cause” reasons under which an employee who voluntarily quits his job may be eligible for unemployment insurance. The plaintiff argued that the list is not exclusive and that the department has discretion to determine “good cause,” allowing them to decide on a case-by-case basis whether an individual who voluntarily quits his job qualifies for unemployment benefits. AWB filed a friend-of-the-court brief on this issue, recounting the agreement reached after many months of negotiation between business and labor representatives that specified that the list was exclusive — the 10 good-cause reasons were to be the only situations under which an employee who voluntarily quit their job could receive benefits. Unfortunately, the court ruled in the plaintiff’s favor, indicating that the law is vague and does not expressly limit UI eligibility under a voluntary quit situation to only the reasons identified in the list. This ruling allows an employee to quit for virtually any reason and individually plead his case to ESD in order to gain UI benefits. AWB will be looking at options for addressing this situation to restore reasonableness and predictability to the granting of UI benefits, as well as to protect employers from the whims of disgruntled employees. Check out Olympia Business Watch blog for more information or contact AWB’s Donna Steward at DonnaS@awb.org or (360) 943-1600.

U.S. Supreme Court strikes down California union neutrality law
On June 19, the U.S. Supreme Court struck down a California law imposing so-called “union neutrality” requirements on employers in the state. The law limited what employers could say about union organizing campaigns in the workplace. The high court’s ruling should be the final stake in the heart of a similar union-backed proposal here in Washington, since Gov. Chris Gregoire took the issue off the table last legislative session pending the outcome of the California case. For more information, please see this week’s President’s Perspective and last week’s posting on Olympia Business Watch, or contact AWB’s Kris Tefft at KrisT@awb.org or (360) 943-1600.

State’s revenues drop again
Washington’s revenue forecasting council announced last week that tax collections have dropped once again. Tax receipts were $162 million less than projected in February. The gap between revenues and anticipated expenditures is now pegged at $2.5 billion or higher. Check out the new WashACE blog and get Dick Davis’ take on the drop.

California Dreaming: Single-payer health care proposal would be paid for by 16 percent payroll tax
California State Senator Sheila Kuehl, D-Los Angeles, chair of the health care committee, is pressing legislation to enact a health care plan in which the state collects taxes to pay the health care bills for all Californians. Sen. Kuehl's single-payer, government-run health care would be funded by a new 12 percent payroll tax and similar levies assessed on small businesses. Even after collecting $167 billion to pay for the program, the state would be faced with $210 billion in health care bills in the first year alone. To close the shortfall, the payroll tax would climb to 16 percent, and projections are that the rate would increase even more in subsequent years. Hopefully, our lawmakers and elected officials are doing the math and figuring out how much the Wisconsin and Massachusetts plans, which depend heavily on the role of government, cost before moving forward. For more information, please check out AWB’s Olympia Business Watch blog.

Healthy Washington Coalition meetings on health care reform are really union rallies
For the past several weeks, AWB has alerted you to community meetings on health care reform organized by the Healthy Washington Coalition. The first meeting was held in Seattle on June 19. Rather than resembling a balanced community meeting, this meeting — predominately composed of Service Employees International union members — ensured that only those who had a health care hardship story to tell were recognized. Rather than discussing reform options, the meeting focused on community principles. Participants were also urged to sign a petition, but since no proposal or direction was established the petition’s intent and purpose was unclear. While AWB had hoped that these meetings would give individuals an opportunity to discuss approaches to health care reform, we are now questioning their value. AWB will keep you abreast of future opportunities to participate in reform discussions that will lead to the development of solid proposals that address the rising costs of health care premiums and restore affordability and access to coverage in this state. For more information, please contact AWB’s Donna Steward at DonnaS@awb.org or (360) 943-1600.
 
More woes for Paid Family Leave
Criticism of the state’s paid family leave program is picking up. The Columbian and the Walla Walla Union-Bulletin have expressed concerns recently over how the legislature intends to pay for the program given our state’s sluggish economy and revenue shortfall. For more information, see Kris Tefft’s post on AWB’s Olympia Business Watch blog.

Rossi, Gregoire letters launch AWB endorsement process
As part of AWB’s political endorsement process, which includes candidate interviews, we asked Dino Rossi and Chris Gregoire to pen a letter to our members outlining their positions on various issues. Those letters were e-mailed to AWB members last Friday. If you did not receive the letters, please contact Bonnie Millikan at BonnieM@awb.org or call (360) 943-1600, ext. 1004.

AWB submits comments on cap-and-trade
AWB submitted comments last week on the Western Climate Initiative’s draft design recommendations for the cap-and-trade program. Among other issues, AWB stressed the importance of an economic cost containment mechanism, should the cap-and-trade program raise the cost of electricity, causing prices to soar out of control. For a copy of AWB’s comments and other information, please contact AWB’s Grant Nelson at GrantN@awb.org or (360) 943-1600.

Manufacturers’ valuable input needed for exciting new Innovation Center proposal
The National Institute of Standards and Technology is soliciting grant proposals for construction of two $10 million to  $15 million research science buildings. In response, the Snohomish County Workforce Development Center is preparing a proposal on behalf of Edmonds Community College to construct a new Advanced Materials and Manufacturing Innovation Center. This center would offer the most comprehensive workforce training programs available for the aerospace industry and manufacturers that are looking to advance their skills in composites, advanced materials and manufacturing processes. WDC and the ECC are hosting a focus group in WDC’s board room on June 27, 2008 from 10:30 a.m. to 1 p.m., for manufacturers that would benefit from this center. After a brief review of their plans, they’d like to hear manufacturers opinions, suggestions or recommendations for changes. If you’d like to attend or need more information, please contact AWB’s Anne Haller at AnneH@awb.org or (360) 943-1600.

Land Use Committee meeting tomorrow in Seattle
AWB’s Land Use Committee meets June 24 from 10 a.m. to 12 p.m. at the law offices of Foster Pepper PLLC (1111 Third Ave., Suite 3400, Seattle). Agenda items include an update on recent environmental community efforts to change Washington’s vesting law, the latest news on the Washington State Department of Ecology’s Climate Action Team process, an update on the Puget Sound Partnership 2020 Action Agenda for habitat and land use recommendations, an update on Attorney General Rob McKenna’s Eminent Domain Task Force, a brief presentation by CTED’s Dave Anderson concerning WAC changes to CTED’s GMA advisory rules, an update from Ecology’s Josh Baldi concerning the Mitigation that Works Forum, and discussion of AWB’s Land Use Legislative Objectives for the 2009 and 2010 legislative sessions. For more information, please contact AWB’s Chris McCabe at ChrisM@awb.org or (360) 943-1600.

AWB Energy Committee meeting this Wednesday
AWB’s Energy Committee will meet on June 25 from 9 a.m. to 11 a.m. in AWB’s Small Business Conference Room. Agenda items include a discussion of AWB’s energy policy legislative agenda for the 2009 and 2010 legislative sessions and corresponding changes to our energy-related legislative objectives. A complete agenda is forthcoming. A call-in number will be available for those who wish to participate by telephone. Please contact Connie Grande at ConnieGr@awb.org or at (360) 943-1600 for the number and pass code.

Managing Leaves of Absence Seminar this Wednesday at the Seattle Airport Marriott
The Family and Medical Leave Act presents more compliance headaches than almost any other law affecting the workplace. It remains an extremely difficult and frustrating law for employers to administer, and it creates several traps that can lead to employer liability. Much is changing in the law: the Department of Labor is considering revisions to the FMLA while the Washington Legislature has passed several new leave laws in recent sessions. This seminar on June 25 will cover these state and federal leave requirements, as well as the interplay of these laws with your company’s own leave plans and policies. We’ll sort through the confusion and ambiguity and help you identify what you must do now, what may not be required just yet but you still should do, and what is likely to change in the future. To register, please contact AWB’s Jennifer Costello at (360) 943-1600 or JenniferC@awb.org, or click here to view the full agenda and register online.

Meet Rep. Jaime Herrera, Washington’s newest state legislator this Thursday
Please join AWB to meet the 18th Legislative District’s newest lawmaker, Rep. Jaime Herrera, R-Ridgefield, on June 26 from 10:30 a.m. to 11:30 a.m. at Rosie’s Restaurant (1245 Lewis River Road, Woodland). Rep. Herrera, who is serving her first term in office, recently received a score of 88 percent on AWB’s legislative voting record for the 2008 session on legislation that matters to business. We hope you will take this opportunity to get to know Rep. Herrera better as she runs for House Position 1. Don’t miss this great opportunity to tell her about issues that are important to you. Rep. Herrera serves on a number of significant committees in the Legislature, including the House Appropriations Subcommittee on Education, the Technology, Energy and Communications Committee and the Transportation Committee. Pastries and beverages will be provided. Feel free to bring a friend and share this invitation with others, but please let us know if you will attend. Contact AWB’s Connie Grande at (360) 943-1600 or ConnieGr@awb.org.

Be an AWB Policy Summit sponsor
AWB’s Policy Summit is scheduled for Sept. 24-26 at Semiahmoo Resort. As a sponsor, your company receives acknowledgement before, during and following the event in marketing materials, signage and in AWB’s Washington Business magazine. Display opportunities are also available. Contact AWB’s Jennifer Davis at JenniferD@awb.org or click here for more information.

Order your copy of the 2008 Washington Employment Law Deskbook
The 2008 Washington Employment Law Deskbook (17th Edition) is a key reference guide to legal issues facing Washington employers. The reference guide offers sample policies, solutions and easy-to-understand guidelines. Each book comes with a searchable CD-ROM for quick access to specific topics. Contact Jennifer Costello at JenniferC@awb.org or (360) 943-1600, or click here to order online.

Simplify your job with the updated Human Resources File Cabinet Handbook
This comprehensive, plain-English guide is designed to assist Washington employers in preparing, revising and reviewing employee business forms. The Human Resources File Cabinet (Sixth Edition) will help you create and maintain accurate human resources files with minimal time and effort. The handbook includes all the human resources forms you will need from pre-employment to termination with detailed instructions on how to use and maintain each form. Contact Jennifer Costello at Jenniferc@awb.org or (360) 943-1600, or click here to order online.

AWB to hold regional board meetings in September
Don’t miss the chance to let AWB know what we can do for you! The AWB’s annual round of regional board meetings are your chance to participate in the formation of AWB’s 2009 Legislative Agenda. Be sure to mark your region’s meeting on your calendar: Sept. 3 (Spokane), Sept. 4 (Kennewick), Sept. 5 (Moses Lake), Sept. 9 (Vancouver), Sept. 10 (Tacoma), Sept. 16 (Everett), and Sept. 17 (Bellevue). In addition, legislative candidate interviews will be conducted following the board meetings. For more information, please contact AWB’s Bonnie Millikan at BonnieM@awb.org or (360) 943-1600.

Former Senator Jerry Saling loses battle with cancer
After four years of battling cancer, former Senator Gerald L. “Jerry” Saling passed away at 80 years of age on June 20. Saling represented the Fifth District (then located in Spokane County) in both the House of Representatives and the state Senate. He served three terms in the House, beginning in 1964, and two terms in the Senate, beginning in 1984. For four years, he served as the Chair of the Senate Higher Education Committee, promoting higher education as the backbone of economic development. Saling was a WWII veteran, teacher, dean, and participant in many civic activities. He earned his B.A. and M.A. from Eastern Washington College of Education and his Ed. D. from Washington State University. A memorial service will be held at 10:00 a.m. on June 25 at the Heritage Funeral Home, 508 Government Way in Spokane. In lieu of flowers, the family suggests donations to Hospice of Spokane or the American Cancer Society of Spokane. Please see his obituary for more information.

U.S. Supreme Court ruling ends union effort to gag Washington employers— See this week’s President’s Perspective at www.awb.org
 

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