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TNC Drivers to Receive New Rights
Engrossed Substitute House Bill 2076 provides drivers for companies such as Lyft and Uber to have the right to minimum pay, paid sick time, worker's compensation and other protections beginning Jan. 1, 2023. This law covers drivers providing passenger service and not food delivery.
Key elements of the bill:
- TNCs shall provide each driver with a written notice of the rights established by this bill
to inform drivers of their rights.
- TNCs shall pay all tips to drivers. Tips may not count towards the driver's minimum compensation.
- Creates uniform statewide regulations of TNCs.
If you have questions on driver rights, contact L&I’s Employment Standards Program at 1-866-219-7321 or via email at tncdriversupport@lni.wa.gov
Are COVID-19 claims allowed based on positive home test results?
Some workers have contacted the Self-Insurance Program with this question. The workers reported positive home test results for COVID-19 to their employers, and were not informed that they needed a COVID-19 diagnosis from a medical provider or a positive test administered by a medical facility, testing facility, or pharmacy, to have an allowed claim.
Failure to notify workers of the claim requirements has led some workers to believe that they did not need to seek treatment, and may appear as though their employers have accepted the home test as valid.
WAC 296-15-320 requires self-insurers to assist workers in reporting and filing claims. When a worker reports they have a positive home test for COVID-19 and would like to file a claim, the employer or third party representative (TPA) should:
- Verify the home test, meaning the employer agrees to accept the test as valid; or
- Immediately notify the worker in writing that they need to seek treatment from a medical provider or be tested by a medical facility, testing facility, or pharmacy.
If you have questions, email the self-insurance training team at: SITrainerQuestions@lni.wa.gov
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Consumer Alert! Misleading Solicitations
There are new versions of old and misleading solicitations circulating to recently registered businesses.
These solicitations take multiple forms:
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WA Certificate Service — Certificate of Existence Request Form
Business Compliance Services — Annual Report Compliance
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FileWashington.com — Your Annual Report
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annual.efilebusiness.com/UBI number - Text solicitation
None of these solicitations come from Secretary of State. An annual report is required to be filed each year by the end of the anniversary month, and can be easily filed in our Corporations and Charities Filing System (CCFS) by selecting express annual report, or by logging in to your CCFS customer profile.
The Office of the Secretary of State will send notices directly to registered businesses. An email notice will come 60 days prior to expiration; a paper notice sent via U.S. mail, is sent 45-60 days prior to expiration if electronic notification is not selected. This office does not currently send text messages.
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Employment Security Dept.
Paid Leave: Premiums to increase in 2023
Paid Family & Medical Leave benefits are an increasingly vital source of support for Washington workers. To keep pace with more people using the program, and as required by law, the premium rate will increase in 2023.
Starting Jan. 1, 2023:
- The total premium rate will be 0.8%.
- Employers will pay 27.24% of the total premium and employees will pay 72.76%.
- Employers will continue to report each employee's total gross wages, not including tips, and collect premiums up to the Social Security cap. Once an employee meets the Social Security cap, you must stop collecting premiums but continue to report their wages.
- Businesses classified by the Employment Security Department as having fewer than 50 employees are not required to pay the employer portion of the premium. However, they must still collect the employee premium or pay the employees’ premiums on their behalf.
Next steps for employers
- Notify your employees that you will start collecting the new rate on Jan. 1, 2023.
- On Jan. 1, 2023, start collecting the new premium rate from your employees each pay period. Remember, you cannot retroactively withhold premiums from employees.
- First-quarter premiums and reports are due by the end of April 2023.
Why the premium rate is changing
Premiums, collected from employees and employers through quarterly reporting, fund the Paid Leave program. By law, we recalculate the Paid Leave premium rate annually on Sept. 30. The premium rate is adjusted based on contributions from premiums and benefits paid during the previous year.
Important details:
- You can choose to withhold the entire 72.76% from your employee’s paycheck, or you can cover all or some of the premium on your employee’s behalf.
- If you are using a voluntary plan for family or medical leave, your calculations may be different. Visit paidleave.wa.gov/voluntary-plans for more information.
- Premium withholdings are capped at the Social Security cap, which is updated annually. It will be $160,200 in 2023.
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Dept. of Commerce
Technical Assistance Report: Time, Trust and Technology
Commissioned by the Washington State Department of Commerce and funded in part by the Economic Development Administration, the report focused on minority and rural businesses farthest from opportunity with fewer than five employees and less than $100,000 in annual revenue. Commerce sought to determine what the right mix of capital and support is and whether businesses have access to it, knowing that micro-businesses that receive the right mix of capital and support grow 30 percent faster than their peers.
The Executive Summary highlights the findings that time, trust and access to technology are the three key factors driving effective technical assistance. This summary has been translated into eight languages.
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Washington Health Benefit Exchange - WA Healthplanfinder
Don’t miss your chance to get covered for 2023!
The deadline for Washingtonians to sign up for health and dental plans on Washington Healthplanfinder for the 2023 plan year is fast approaching. Sign up by Jan. 15 to get the coverage you need!
More savings than ever! Cascade Care Savings, a new state subsidy may further lower eligible customers’ monthly premiums! Choose a Cascade Care Silver or Gold plan and you may qualify for additional savings. Visit wahealthplanfinder.org to learn more about available savings and find the right plan!
Need help getting covered? We have assisters throughout the state available to help at no cost with application questions, understanding tax credits and signing up for coverage. Click here to find an assister near you.
Questions on how you can support your employees sign up for health coverage? Contact smallbusiness@wahbexchange.org.
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Dept. of Revenue
BLS fees will decrease on January 1, 2023, due to a rule change approved this fall
Businesses filing a business license application, as well as existing businesses that have any active renewable license endorsements, will see the business license application and annual renewal handling fees decrease.
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Initial Application Fee will go from $90 to $50
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Any Other Purpose Fee will go from $19 to $10
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Renewal Fee for BLS issued license endorsements will go from $10 to $5
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Office for Regulatory Innovation & Assistance
ORIA Information Center (IC)
We know regulations; you know your business; together we'll make a great team that will keep your business on track with state, federal, and local regulations. We can answer questions and help with research.
Small Business Requirements & Resources (SBRR)
SBRR workshops are provided by members of the Washington state Small Business Liaison Team (SBLT).
The workshops provide helpful information around the regulatory relationship with the government and requirements that businesses can use to save unwarranted penalties, and teach best practices, bottom line cost-saving programs, business solutions, consulting services, and more.
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