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Showing posts for: Karen Davis

Jul 24 2015
Harassment & Discrimination

Supreme Court says EEOC must negotiate before suing

Title VII requires the EEOC to use “conference, conciliation, and persuasion.” The Court ruled  that the EEOC “must tell the employer about the claim—essentially, what practice has harmed which person or class—and must provide the employer with an opportunity to discuss the matter in an effort to achieve voluntary compliance.” The negotiations don’t have to…

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Jul 23 2015
Safety and HealthWorkers’ Comp

Seattle employer fined $215,250 after employee injured by rotating shaft

The Washington Department of Labor & Industries (L&I) recently fined Industrial Container Services $215,250 after one of its Seattle employees was injured by a rotating shaft while working in a confined space. L&I had cited the company’s Seattle location for similar violations in 2013, but determined that the hazards weren’t corrected. The company refurbished industrial…

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Jul 02 2015
Affirmative Action

Dexterity test and gender stereotyping result in $115,000 settlement

A dental equipment manufacturer in Huntsville, Alabama, has agreed to pay $115,000 to job applicants who were systematically excluded from jobs, according to the Office of Federal Contract Compliance Programs (OFCCP). Oral Arts Laboratory Inc. was a federal contractor when the OFCCP reviewed its hiring processes as part of a routine affirmative action audit. The…

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Jul 01 2015
Safety and HealthWashington

WASHINGTON: Injury reporting rules revised July 1, 2015

Employers in Washington must comply with new requirements for reporting serious injuries beginning July 1, 2015. Work-related injuries resulting in amputations or loss of an eye must be reported to Washington’s Division of Occupational Safety and Health (DOSH) within 24 hours of learning of the injury. Fatalities and in-patient hospitalizations must still be reported within…

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Jun 30 2015
Uncategorized

Alert: Supreme Court says states must grant and recognize same-sex marriage

The U.S. Supreme Court today ruled that same-sex couples have the right to marry in all states, and that all states must recognize same-sex marriages lawfully performed in other states. Two years ago, we reported that the Court upheld the right of states to issue marriage licenses to same-sex couples. At that time, the federal…

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Jun 24 2015
Leave LawsOregon

ALERT: Oregon Governor Signs Paid Sick Leave Bill

Governor Kate Brown has officially signed into law Oregon’s paid sick leave bill (SB 454). Oregon employers should familiarize themselves with the bill and prepare to comply beginning January 1, 2016. Here we review five essential things to know, followed by five potential traps for employers. First, the five things to know: Covered employers: If…

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Jun 03 2015
Harassment & DiscriminationHiring

Alert: Request for religious accommodation not required, says Supreme Court

A Muslim woman who wore a head scarf when she applied for a job at an Abercrombie & Fitch clothing store didn’t have to specifically request a religious accommodation to the store’s “Look Policy,” ruled the U.S. Supreme Court. The woman wore the scarf because she sincerely believed it was a requirement of her religion….

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Apr 16 2015
Wage and Hour

Waiver of 2nd meal period for shifts over 12 hours invalid in California

A California appeals court struck down an Industrial Welfare Commission (IWC) order that allowed employees in the health care industry to waive a second meal period for shifts longer than 12 hours. California Labor Code 512(a) says employers generally must provide a second meal period for work periods of more than 10 hours, but employees…

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Mar 26 2015
Disability

Alert: Supreme Court says pregnancy accommodation may be required

The U.S. Supreme Court ruled UPS may have intentionally discriminated against a pregnant driver when it denied her request for light duty during her pregnancy. The ultimate answer will depend on what she can prove in court. The driver’s doctor imposed a 20-pound lifting restriction during the first 20 weeks of her pregnancy, and 10…

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Mar 16 2015
Employee Benefits

IRS gives small employers a break for paying individual health insurance premiums

Although the IRS has stated that reimbursing or paying the premiums for employees’ individual health insurance violates the Affordable Care Act (ACA), the agency is temporarily cutting some slack for small employers. According to IRS Notice 2015-17, employers with fewer than 50 full-time or full-time-equivalent employees who reimburse or pay for medical insurance premiums for…

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Jan 09 2015
Safety and Health

Revised OSHA reporting in effect; remember to display OSHA-300A summary Feb-April

As we previously reported, January 1, 2015, is the effective date for new rules requiring OSHA-covered employers to notify the federal Occupational Safety and Health Administration (OSHA) of in-patient hospitalizations, amputations, or loss of an eye within 24 hours of learning of a work-related injury. Fatalities must still be reported within 8 hours. Employers will…

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Jan 06 2015
Q&A

If anti-harassment policy is broader than law requires, be prepared to enforce it

A: If you promise that you’ll provide greater anti-harassment protections than what the law requires, you need to be prepared to follow through. According to a recent federal district court decision in Connecticut, a promise to take disciplinary action regardless of whether the conduct violates the law could give employees the ability to bring a…

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