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Showing posts for: Wage and Hour

Jan 29 2024
Employee ClassificationsWage and Hour

DOL publishes FLSA rule on independent contractors vs. employees

  The U.S. Department of Labor (DOL) has published a new regulation describing how to determine whether a worker is an independent contractor or employee under the federal Fair Labor Standards Act (FLSA). The regulation uses an “economic realities” test to evaluate whether the worker is economically dependent on the hiring entity (indicating employee status)…

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Jan 29 2024
Labor RelationsTermination & ResignationWage and Hour

Q&A: Employees can discuss wages with each other

Question: Two of our employees accessed confidential payroll files and now are loudly complaining they are the lowest-paid employees in the company. Their manager is upset and wants to fire them for breach of trust, disrupting our business operations, and hurting morale. The whole department is demanding a raise. What can we do here? Answer:…

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Jan 17 2024
Safety and HealthWage and Hour

Post your OSHA 300A by February 1, 2024

It’s nearly time to finish completing the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and post the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) for the 2023 calendar year. Federal OSHA generally requires employers with more than 10 employees to keep a record of work-related injuries and illnesses, except for establishments…

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Jan 05 2024
Featured Worker’s CompHarassment & DiscriminationSafety and Health

Mitigate workers’ comp risks: Production slowdowns with an injured employee

  When an injured worker is laid off or has their hours reduced because of a production slowdown, you may experience unexpected workers’ compensation issues that could have been avoided with advanced planning. Here are some practical considerations to keep in mind if you must take the unfortunate step of reducing hours or headcount: Eligibility…

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Dec 22 2023
Termination & ResignationWage and Hour

Employer’s enforcement of “no photography” rule violated the NLRA

The National Labor Relations Board (NLRB) recently ruled against an employer that attempted to enforce its rule against photography in the workplace. A labor contract between an oil refinery employer and union had a “Photograph, Camera & Video Policy,” which restricted use of photography and cameras. The policy stated the basis of the rule was…

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Nov 16 2023
Harassment & DiscriminationSafety and HealthWage and Hour

Holiday parties: Follow these tips to minimize company liability

Holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their work throughout the year. With the return of these parties, here are some tips and recommendations to enjoy a celebration with coworkers and reduce liability for your organization: Limit alcohol consumption: The use of alcohol at…

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Nov 02 2023
Q&ASafety and HealthWage and Hour

WASHINGTON Q&A: Employers can still prohibit some moonlighting

Question: We know there have been many changes in Washington law lately about non-compete restrictions, but are we still allowed to prohibit current employees from moonlighting? Answer: Under certain conditions, yes. Washington law allows employers to restrict current employees from “moonlighting” (i.e., working other jobs at the same time) if the employee is making at…

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Nov 02 2023
Employee ClassificationsLabor RelationsWage and Hour

NLRB expands interpretation of joint employment

The National Labor Relations Board (NLRB) recently issued a new regulation that broadly designates separate companies as joint employers for purposes of having a duty to comply with the National Labor Relations Act (NLRA). The rule affects potential joint employment relationships such as client employers and their staffing agencies, or franchisors and their franchisees, or…

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Nov 02 2023
Wage and HourWashington

WASHINGTON: Noncompete salary threshold rises for 2024

The Washington Department of Labor and Industries (L&I) will soon announce the minimum salary thresholds for noncompete agreements that take effect on January 1, 2024. Washington law prohibits noncompete agreements with individuals who earn less than the applicable annual salary threshold. L&I publishes separate thresholds for employees and independent contractors which are both adjusted annually…

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Oct 19 2023
Wage and HourWashington

Washington minimum wage and exempt salary increase in 2024

The state of Washington has announced increases in the minimum wage rate and the exempt salary thresholds for employees, effective January 1, 2024. These increases impact several state wage requirements that you’ll want to be aware of if you have employees in Washington. The cities of Seattle, SeaTac, and Tukwila also have higher minimum wage…

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Oct 05 2023
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after the…

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Oct 05 2023
Affirmative ActionWage and Hour

Federal contractor minimum wage rises January 1, 2024

The U.S. Department of Labor (DOL) has raised the minimum wage for certain federal contracts related to services and construction (not supplies) as of January 1, 2024. The amount of the increase depends on when your organization’s covered federal contract was signed or modified. For federal contracts signed, renewed, or extended on or after January…

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