Harassment & DiscriminationHiring  

MONTANA: Good hiring criteria and documentation win the day

A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS…

Business mileage rate rises again July 1, 2022

If you reimburse employees for business mileage, be aware that the Internal Revenue Service (IRS) announced a mid-year increase of four cents, resulting in a standard mileage rate of 62.5 cents per mile, effective July 1, 2022. The standard rate from January 1, 2022, through June 30, 2022, is 58.5…

Safety and Health  

Washington Alert: Emergency regulations for outdoor heat exposure and wildfire smoke released

On June 1, 2022, emergency regulations for outdoor heat exposure and wildfire smoke were released. This Alert summarizes both sets of regulations, which take effect on June 15, 2022. WASHINGTON: L&I issues emergency rules for outdoor heat Washington’s Department of Labor and Industries (L&I) has released emergency requirements to protect workers from outdoor heat…

COVID-19Safety and Health  

WASHINGTON: COVID-19 temporary worker housing rules updated 5/20

On May 20, 2022, Washington’s Department of Labor & Industries (L&I) and Department of Health (DOH) made yet another update to the emergency COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. The rules took effect immediately. Here are the important changes: Education on exposure and testing positive: The previous version of the rules required…

Safety and Health  

WASHINGTON: Emergency wildfire smoke regulations issued

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) issued emergency regulations requiring employers to protect workers from wildfire smoke. The rules are effective June 15, 2022, through September 29, 2022. Vigilant will publish an Alert on the Washington emergency wildfire smoke rules in the next few days and update…

Safety and Health  

WASHINGTON: Emergency rules for outdoor heat exposure published

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) released emergency rules for outdoor heat exposure. The emergency rules will be effective starting on June 15, 2022, until September 29, 2022. The rules temporarily expand Washington’s permanent outdoor heat exposure rules, which are in effect annually from May 1 through…

Featured Worker’s CompWorkers’ Comp  

Workers’ comp partner or program? It’s in your control.

Many business leaders we’ve recently spoken with have expressed frustration with the Washington workers’ compensation system. The sources of this frustration most often come down to an inability to understand and control this key and costly area of their business, difficulty working with the Department of Labor & Industries (L&I), and a lack of…

DisabilityLeave Laws  

ADA claims don’t require long-term limitations

The U.S. Ninth Circuit Court of Appeals recently ruled that the federal Americans with Disabilities Act (ADA) doesn’t require an employee to have long-term medical issues in order to establish a disability. The employee in this case was a newly hired HR generalist who was approved for an eight-week leave of…

Safety and Health  

OREGON: Permanent heat illness rules take effect June 15, 2022

Oregon OSHA recently adopted permanent heat illness prevention rules, which apply to all workplaces (general industry and agriculture), as well as employer-provided housing, effective on June 15, 2022. In 2021, Oregon OSHA created temporary heat illness rules (as we reported in an Alert last year), but they expired. When the…

Safety and Health  

OREGON: Permanent wildfire smoke rules effective July 1, 2022

On May 10, 2022, Oregon OSHA adopted permanent regulations to address workers’ exposure to wildfire smoke. The rules go into effect July 1, 2022, and apply to all outdoor workers who are exposed to wildfire smoke where the ambient air concentration for fine particulate matter equals or exceeds an Air Quality…