Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Dec
15
2022
WASHINGTON: L&I policy addresses job posting requirements
The Washington Department of Labor and Industries (L&I) recently released a new Administrative Policy (ES.E.1) that provides guidance on new job posting requirements. As we previously reported, employers with 15 or more employees must include specific information on wages and benefits in all job postings beginning January 1, 2023. The Administrative…
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Dec
15
2022
Employees have more freedom to discuss sexual harassment or assault
On December 7, 2022, President Biden signed the Speak Out Act (S. 4524), which invalidates any language in an agreement that prohibits individuals, including employees and independent contractors, from discussing potential future allegations of sexual harassment or assault. Some companies require workers to sign agreements that include nondisclosure or nondisparagement…
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Dec
01
2022
OFCCP kicks off 2023 fiscal year with settlements
The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a…
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Nov
17
2022
Q&A: Prioritize new hire safety
Question: One of our new hires suffered a serious injury to his hand at work. He was trained in the right procedure, didn’t follow it, and got injured as a result. What can we do differently? We’re really frustrated by the frequency of on-the-job injuries among our new hires. Answer: Safety orientations for new…
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Nov
17
2022
Follow these HR tips for holding holiday parties
With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so…
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Nov
17
2022
WASHINGTON: PFML rates to rise in 2023
As of January 1, 2023, the premiums will increase for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate will be 0.8 percent (up from 0.6 percent) of each employee’s gross wages (not including tips), up to a maximum of $160,200 (the 2023 Social Security cap). The split between employers…
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Nov
17
2022
Q&A: Occasional exceptions to call-in policy may be needed
Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will…
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Nov
03
2022
Q&A: Affirmative action ruling won’t affect federal contractors
Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting…
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Nov
03
2022
Time spent booting up computer compensable under FLSA
The U.S. Ninth Circuit Court of Appeals recently ruled that hourly call center employees were entitled to be paid for time spent booting up their computers at the beginning of their shifts. The employees worked in person at a call center for an appliance recycling company. Their principal duties were…
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Nov
03
2022
Q&A: Assess how to report PFML wages for multistate employees
Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical…
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