Question of the Month
Q&A: Can we convert an employee into an independent contractor?
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News, trends and analysis in employment law, HR, safety & workers' comp
Sep
15
2022
Q&A: Employees usually have right to display union insignia at work
Question: We have a dress code policy that requires production employees to wear either a plain t-shirt, or a t-shirt with the company logo. One of our employees came to work this morning wearing a t-shirt with the union logo. Can I require them to change? Answer: Probably not. The company…
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Sep
15
2022
WASHINGTON: L&I updates agriculture pesticide safety rules
Washington’s Department of Labor & Industries (L&I) made minor changes to the existing agriculture pesticide safety standards found in WAC 296-307, which take effect on September 26, 2022. As a part of this process, L&I collaborated with the Washington State Department of Agriculture to ensure the existing rules met federal Environmental Protection…
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Sep
15
2022
WASHINGTON: L&I updates safety rules to protect temps
The Washington Department of Labor and Industries (L&I) recently issued new rules confirming existing workplace protections for temporary workers. The rules align with RCW 49.17.490, a Washington statute that already requires staffing agencies and worksite employers to comply with specific health and safety standards for temporary workers in manufacturing and construction…
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Sep
15
2022
Federal contractors get portal to report construction subcontracts
Federal construction contractors now have a one-stop option to comply with their obligation to notify the Office of Federal Contract Compliance Programs (OFCCP) within 10 business days of awarding a subcontract worth more than $10,000 for work on a federal or federally assisted construction project. The OFCCP recently launched the…
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Sep
15
2022
OFCCP extends deadline to object to EEO-1 release to 10/19/22
On 9/15, the Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for multi-location federal contractors to object to the release of their EEO-1 Reports to a news organization. As we previously reported, an investigative reporter has filed a Freedom of…
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Sep
01
2022
Q&A: Plan ahead before downsizing
Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order…
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Sep
01
2022
Q&A: Consider history before denying leave due to improper request
Question: This morning an employee contacted his supervisor through Facebook to report that he can’t come to work for at least a week because he needs surgery. Our Family and Medical Leave Act (FMLA) policy clearly states that employees must follow the call-in policy and complete a leave request form. Can we…
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Sep
01
2022
OFCCP revises its directive on compensation analysis
On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of…
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Sep
01
2022
Federal contractors have until 9/19/22 to object to release of EEO-1
On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that an investigative reporter has filed a Freedom of Information Act (FOIA) request for EEO-1 Report data filed by federal contractors (including first-tier subcontractors) from 2016 through 2020. Federal contractors who don’t want…
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Aug
18
2022
WASHINGTON: COVID-19 workplace rules extended
On August 4, 2022, the Washington Department of Labor and Industries (L&I) filed an emergency workplace safety rule to extend and slightly modify COVID-19 (coronavirus) reporting, notification, and personal protective equipment requirements. The new rule took effect immediately and expires on December 2, 2022. (We reported on the prior rule here, which expired on August 4,…
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