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IN THIS ISSUE:
November, 2011

 

 

Washington’s 2012 Minimum Wage rises to $9.04

Effective January 1, 2012, the minimum wage for employees working in Washington is $9.04 per hour. The federal minimum wage remains $7.25.  Where both laws apply, the standard providing the most protection to the employee will prevail. Thus, employers must ensure that their employees receive at least $9.04 per hour worked up to 40 in a workweek, and time and a half of that rate for all hours worked over 40 in the same period. This principle applies unless employees fall within a very narrowly applied exemption from the minimum wage and overtime requirements. Members having questions regarding federal and state wage and hour laws should feel free to contact our in-house counsel for additional information.

Washington’s Department of Labor and Industries no longer publishes a separate minimum wage poster, as that wage is subject to change each year.  Employers must simply post the Your Rights as a Worker poster as provided by the agency.   If you would like the most current version of this poster or any of the required employer posters, please contact us or see our website for the most current posting requirements.

Biz Breif2
Spokane Public Schools’ HEART program sees 55% increase in homeless students

The HEART office is particularly busy these days. Compared to this time last year, the Homeless Education and Resource Team (HEART) has seen a 55% increase in the number of students they serve. As of October 17, 2011, there were 475 students in the HEART program – enough to fill an entire elementary school. There are even more students today.

Federal law requires school districts to provide a variety of supports and services, including transportation and free meals, to homeless students, but the HEART program helps in other ways as well. It supplies students and families with referrals to community resources, and information about how to access state assistance, and food and clothing banks. They provide services for students of preschool age through age 21.

High on the HEART to-do list is creating a clothing bank for HEART students using the items from lost-and-found bins at SPS schools. HEART staff member Sarah Miller currently has a substantial collection of clothing items in her basement, just waiting to be sorted. A space at The Community School is ready to be transformed into the clothing bank. All that’s needed are volunteers to do the sorting and arranging, and lots of bins and hangers.

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Board Member Highlights

THIS IS INNOVATE WASHINGTON: Tireless champions for entrepreneurs and companies with transcendent ideas

Described as “…a blend of industry professionals who’ve been there, done that, and want to do it again,” Innovate Washington is an organization of knowledgeable advocates that offer tools and services to help companies grow, then grow some more.

Innovate Washington is a “new, energetic, nimble, and cohesive approach to economic development,” offers Linda Hemingway, Director of Market Development and Communications. Formed from a merger of Sirti and the Washington Technology Center, the organization works to support entrepreneurial opportunity and a more vibrant business environment by fostering technology innovation.

Innovate Washington became official August 1, 2011, with 17 employees and 3 part-time executive entrepreneurs. Their mission is to make Washington the best place to develop, build, and deploy innovative products, services and solutions so that ideas developed in Washington lead to quality jobs in Washington.

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innovative

Spokane: 665 N. Riverpoint Blvd., Spokane, WA, 99202. Seattle: Roosevelt Commons Building, 4311 Eleventh Ave NE, Seattle, WA 98105. Tri-Cities: Tri-Cities research District, 350 Hills Street, Richland, WA 99354. Phone: 800.436.8504. On the web at www.innovatewashington.org.

Welcome New Members

  • Bob Feil Boats and Motors
  • Devries Business Services
  • Global Material Solutions
  • Innovate Washington Foundation
  • Northwest Fair Housing Alliance
  • RiverBank
  • Spokane Parks Foundation
  • Tacoma Propeller
  • The Meisenbach Company dba MCM
  • Torr Technologies
  • Whitman County Public Hospital District

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Retro News

Recent Workers' Compensation Legislation changes long-standing practices
Recent legislation, effective July 15, has altered some of Washington's longstanding workers' compensation practices.  The most important of those changes include:

  • WorkerThe creation of the Stay at Work Program designed to allow state fund employers to receive reimbursement for injured workers for light duty or transitional work equal to half their gross wages paid for 66 weeks within a consecutive 24-month period, up to $10,000. RCW § 51.32.090(4)(c).
  • The implementation of claim resolution structured settlement agreements, beginning February 1, 2012. On that date, an injured worker must be at least 55 years of age to be eligible to participate in a settlement. The age gradually falls to 50 by 2016. The injured worker would receive periodic payments of a settlement amount. In exchange, the claim would be closed with regard to all aspects of the claim except medical benefits. The claim may not be re-opened for temporary total, temporary partial, permanent partial, or permanent total disability benefits once the Board has approved the settlement and once it is final and binding. RCW § 51.04.0008.  
  • A freeze on cost of living adjustments to benefits paid to injured workers having claims arising on or after July 1, 2011 until next July 1. Source RCW § 51.32.075(4).

If you have any questions about the new laws or how they may impact your company, please contact the association's In-house Counsel or the Safety Services department.

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DID YOU KNOW?

your health countsHeart disease is the leading cause of death in America, but there are many lifestyle changes that can reduce your risk and even small changes can make a difference. To take a big step toward a healthier life, get your personal heart score and a custom plan from the American Heart Association.  They offer seven simple steps you need to start living your best life.

Need more help? Associated Employer’s Trust health plan sponsored by ODS Health provides coaches who use evidence-based practices to work with members who have specific medical needs. Your employees and their dependents receive one-on-one support from an ODS health coach for customized guidance and help with goal-setting in areas including Cardiac Care and Lifestyle Coaching. Wellness is a bottom-line defense for business. For more information, go to ODSWell@Work.

For more information about your health, tune in each day to the “Your HEALTH Counts Minute” brought to you by Associated Industries and ODS Health on one of these fine stations:

KQNT 590AM/SPOKANE  8:44 AM  M-F
KXLY 920AM/SPOKANE    7-8 AM    M-F
KJAQ 96.5 FM/SEATTLE  8-9 AM    M-F

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Maureen Smith

edI don’t think we’re in Kansas anymore….

Ed Longmire was born and raised in a small town in Kansas, and when we say small, we mean small.  In fact, his senior class had only 54 students!  After receiving his Associate Degree from the Kansas College of Technology, Ed found his way to the big city of Spokane, where he has worked for Washington Water Power in the 90’s, as well as several years at GTE Wireless and then at Cingular Wireless. When Cingular and ATT merged, his position was eliminated and, in the summer of 2005, his job search subsequently brought him to Associated Industries.

Ed is a Claims Manager for the A.I. Retro Program. The Retro Program is designed to help employers receive refunds of part of their workers' compensation premiums. This involves working with both employers and the claims managers at Labor and Industries in Washington State to manage claims filed by injured workers.

Ed says working for Associated Industries is both challenging and rewarding. “I have been amazed at the sheer volume of expertise the people working at this company have. Besides having knowledge and experience, all of my co-workers are genuinely nice and fun to work with!”

Photography is Ed's main hobby, starting out with 35mm film in high school, but eventually transitioning to the digital world. He even has had the opportunity to put his camera skills to work photographing several A.I. Member companies now displayed on Associated Industries’ office walls. Come by and meet Ed today and see his talents on display!

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Recent health tracking poll finds negative public mood regarding health reform law

I think the following Poll – conducted by Kaiser Family Foundation – resulted in some interesting opinions on the healthcare reform. The October poll is the latest in a series designed and analyzed by the Foundation’s public opinion research team.

-- Ted Blotsky, Senior Vice President,
Employee Benefit Services

The October health tracking poll finds a more negative overall public mood about the health reform law, driven largely by changes in support for the law among Democrats.  The poll also asked the public’s impressions of the Massachusetts health reform law enacted under then- Gov. Mitt Romney, who is now a candidate for the Republican presidential nomination.   Findings from the poll include:

  • After remaining roughly evenly split for most of the last year and a half, this month’s tracking poll found more of the public expressing negative views towards the law. In October, about half (51%) say they have an unfavorable view of the Patient Protection and Affordable Care Act (ACA), while 34 percent have a favorable view, a low point in Kaiser polls since the law was passed.

    While Democrats continue to be substantially more supportive of the law than Independents or Republicans, the change in favorability this month was driven by waning enthusiasm for the law among Democrats, among whom the share with a favorable view dropped from nearly two-thirds in September to just over half (52%) in October

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Legal Ease

Independent Contractor or Employee?

One of the most common areas of employer liability is the misclassification of employees as independent contractors. Where an individual is not truly an independent contractor, but is instead an employee, the employer will have liability for wages, taxes, and possibly benefits. Additionally, a broad array of employment and labor laws apply to the employment relationship.

Therefore, an employment relationship must be distinguished from a strictly contractual one. The courts and many agencies apply their own tests to distinguish an employee from a contractor.

In general, the determination is made based on whether the employer or the individual controls the manner, methods and means of the work. The more control an employer has over the work performed, the more likely the individual is an employee. The specific tests applied by various agencies and the courts are as follows.

1.  Fair Labor Standards Act (FLSA) Tests:

  • The extent to which the services rendered are an integral part of the principal’s business;
  • The permanency of the relationship;
  • The amount of the alleged contractor’s investment in facilities and equipment;
  • The nature and degree of control by the principal;
  • The alleged contractor’s opportunities for profit and loss;
  • The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor; and
  • The degree of independent business organization and operation.

Department of Labor, Employment Standards Administration, Wage and Hour Division, Factsheet #13, Employment Relationship Under the Fair Labor Standards Act (FLSA) (July 2008). Factors not considered relevant for FLSA purposes: the place where work is performed; the absence of a formal employment agreement; licensing; time or mode of pay.

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Mark Your Calendar

Mark your calendar and get registered for Associated Industries Training, Briefings and Workshops. Contact A.I.'s RSVP Email Line or call A.I. at 509.326.6885 or 800.720.4291. With the exception of “Morning Briefings” all courses are available for both Members and Non-Members.

Wed., December 7, 2011 - Conflict Resolution: Transforming the Process for Better Outcomes
The cost of employee grievances and complaints skyrockets without a clear, pragmatic, and widely accepted method for dealing with them. A good process can build strong leader-employee relations, and reduce liability and risk. See the success that comes by solving problems as close to the source as possible. You’ll learn how to reinvent a problem-solving process to support your organization’s mission and values related to team-building, how to diagnose the kinds of conflict common in most workplaces and their causes, prepare supervisors and lead workers to anticipate and avert conflict and apply good communication skills when working through organizational issues.

Cost: $85.00; Non-Member: $140.00
Time: 8:30am-noon
Presenters: Bill Sweigert, SPHR
Location:  Associated Industries, 1206 N. Lincoln, Ste. 200, Spokane, WA 99201

Thurs., January 12, 2012 - Employment Screening
An employer may utilize many different tools in order to identify the best individual for employment with its organization. This program will acquaint employers with the best legal means of assessing an applicant's suitability for employment, while avoiding legal issues such as claims of discrimination or negligent hiring. In particular, this program will discuss legal issues related to the use of:

  • Job applications and resumes
  • Background information such as work histories, references, credit records and criminal histories
  • Interview techniques and questions
  • Pre-employment testing
Cost: $85.00; Non-Member $140.00
Time: Opens 8:00am, Program 8:30am-noon
Presenters: A.I. Legal Team
Location:
TBD


Fri., February 17 through Fri., April 20, 2012 – Interactive Leadership: Coaching Skills for Managers and Supervisors on ten consecutive Friday mornings
The supervisors and managers in your organization have a powerful impact on the effectiveness and health of your organization. Their leadership impacts the larger community as well. Have you trained and equipped your managers and leaders with the skills and tools they need to be great? This course includes 10 half-day sessions that give new and experienced leaders a greater confidence in applying leadership and communication skills.

  • Introduction – The Organizational Demand for Leadership
  • Keys to Leadership Success – Interaction Skills
  • Personal Effectiveness Skills – Stress & Time Management
  • Government Regulation of Employment for Leaders
  • Interviewing and Selection – The Latest Techniques
  • Motivation, Delegation, and ZAP!
  • Coaching For Success – Leading into Uncharted Waters
  • Improving Employee Work Habits – Good at their job, but…
  • Planning & Performance Expectations – The TQM Imperative
  • Performance Review Skill: Innovative Approaches
Cost: $950.00 pp/$850.00 2 or more from your company; Non-Member: $1,300.00
Time: 8:30am-noon
Presenters: Bill Sweigert
Location:  Associated Industries 1206 N. Lincoln, Spokane, WA

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Guest

Many of the issues of 1910 are still faced today: national debt, labor relations, monopoly battles, work safety and healthcare.  Still, the 1910’s were a decade of great change for America, a time when the United States came of age and was first considered a world leader. 1910 was also the year Associated Industries was formed by members, for members. How well do you know your history…Which one did NOT happen in 1910?

  1. For the first time in recorded history, Comet Halley was visible from Earth in April 1910.
  2. An infamous fire took place in the Triangle Shirtwaist Factory Building in March 1910.
  3. The first suffrage parade was held by Women’s Political Union in New York City  in 1910. 
  4. American domestic tourism began with the establishment of Glacier National Park in Montana on May 10, 1910.

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Associated Industries Members gain even more benefits
WITH SPECIAL DISCOUNTS FROM THE Member2Member PROGRAM
Member to Member Program

A.I. Members can save even more on the cost of doing business with money-saving deals for everything from morning coffee to on-hold phone messaging and more! Contact the companies listed on the attached Member2Member  flyer to learn the details for their special, money-saving offer.

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