Washington has filed 2 emergency rules as of November 20th. The announcement was made on November 23rd.
The first rule Amends WAC 192-04-210 (Petitions for judicial review—Service on the agency.) and WAC 192-800-125 (When is a petition for review considered delivered to the department?).
- The amendments in the first rule allow for petitions by judicial review to be submitted electronically rather than delivered by mail or in-person. The second rule amends WAC 192-110-050 (How do I reopen my claim?).
- The amendments in the second rule will allow for the Employment Security Department and claimants to backdate a reopened claim. The second rule explains that as the state of Washington experiences a second shut down due to COVID-19, the Employment Security Department is “anticipating a surge in requests by individuals to reopen their initial claims.”
What does this mean for employers?
These changes will not directly affect employers.
- Emergency Rule 1 extends the methods in which everyone can file a petition for judicial review.
- Emergency Rule 2 may create some stir though, as many claimants, which previously closed their claims or returned back to work, will now likely reopen their claims.
Claimants whose claims are directly related to COVID-19 shutdowns will continue to non-chargeable to employers’ unemployment tax rates.
