Employment Law Blog

News, trends and analysis in employment law and HR

Showing all recent posts

Photo of Kandis Sells
May 15 2018
Harassment & DiscriminationPrivacy & Confidentiality  

New Washington laws limit harassment nondisclosure agreements

Washington Governor Jay Inslee has signed two new laws intended to encourage public disclosure and discussion of sexual harassment in the workplace. Both of these laws take effect on June 7, 2018. #1: Substitute Senate Bill 6313 Substitute Senate Bill 6313 makes an employment agreement void and unenforceable if it requires an…

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Photo of Diane Buisman
May 15 2018
Drug and Alcohol  

Q&A: Address employee’s failure to follow drug testing procedures

Question: When an employee is selected for a random drug test, we instruct them to report directly to the testing facility, which is only about five minutes away. One employee recently took two hours to get there. He passed the drug test, so can we do anything about his delay in getting to the testing facility?

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Photo of Karen Davis
May 11 2018
Wage and Hour  

California employers can’t rely on federal law to pay OT on flat bonus

The California Supreme Court has rejected federal law on overtime calculations for flat sum bonuses, ruling that state law requires a more worker-friendly calculation. An employer offered a flat bonus of $15 per day of weekend work for employees who worked a full shift on a Saturday or Sunday. Because…

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Photo of Karen Davis
May 09 2018
Affirmative Action  

OFCCP reveals selection method for latest wave of audits

For the first time in recent memory, the Office of Federal Contract Compliance Programs (OFCCP) has explained how it developed its first list of companies to audit in 2018 for affirmative action compliance. The agency cautioned that it may change its selection tactics in the future, and it has no…

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Photo of Sean Brown
May 09 2018
Harassment & DiscriminationHiring  

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal…

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Photo of Bill Kessler
May 09 2018
Q&ASafety and Health  

Use a numerical rating system to prioritize safety in busy times

Because deficient safety processes are the underlying causes of accidents, it is important to administer the most critical ones effectively. Here’s how employers can prioritize safety objectives when under a time crunch: Create a weighted scale for “prevention” and one for “compliance” (1-5 for effectiveness at “prevention” and 1-3 for effectiveness at “compliance,” where 1 is at the low end…

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Photo of Karen Davis
May 08 2018
Wage and Hour  

9th Circuit says prior salary doesn’t justify pay differences under EPA

When setting wages for new hires, the Equal Pay Act (EPA) doesn’t allow consideration of prior salary, ruled the U.S. Ninth Circuit Court of Appeals. A female math consultant hired by a county school district sued when she discovered her male colleagues in the same position were earning more than she was.…

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Photo of Kailah Cone
Apr 26 2018
Vigilant News  

We’re hiring in Tigard: Administrative Assistant

Check out our recent job posting for an Administrative Assistant in our Tigard, Oregon office.

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Photo of Trish Leimbach
Apr 18 2018
Workers’ Comp  

Don’t let lack of temp training cost you workdays

Don’t Let Lack of Temp Training Cost You Workdays
Better Screening, More Training of Temporary Employees Could Help Reduce Lost Time and Money

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Photo of Karen Davis
Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring  

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums…

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