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Showing posts for: Lorraine Amrine

Feb 06 2026
DisabilityDrug and Alcohol

Q&A: Ensure ADA compliance with preemployment drug testing

Question: We have an applicant who failed a preemployment drug test. They claimed it was because of a prescription, but we have a zero-tolerance policy. Do we have to make an exception for them? Answer: Not an exception to your policy, but your drug testing procedures should be utilizing a medical review officer (MRO) to…

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Jun 10 2025
Employee ClassificationsWage and Hour

DOL questions 2024 independent contractor vs. employee rule

The U.S. Department of Labor (DOL) has issued a field assistance bulletin instructing the Wage and Hour Division’s staff to stop applying a rule issued last year describing how to determine whether a worker is an independent contractor or an employee under the federal Fair Labor Standards Act (FLSA). The 2024 rule (which we reported…

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May 02 2025
Washington

Washington legislature significantly expands Fair Chance Act

Governor Ferguson has signed HB 1747, which amends Washington’s Fair Chance Act and further restricts employers’ use of criminal records in making employment decisions. As we reported in 2018, Washington’s “Fair Chance Act” prohibits most employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. The new…

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Feb 10 2025
Wage and HourWashington

WASHINGTON: Low-wage workers could moonlight for competitor

The Washington Supreme Court recently ruled that employees’ duty of loyalty and any exceptions to worker mobility should be narrowly construed, so employers cannot restrict low wage workers from working a second job (even for a competitor) unless those restrictions are reasonable in light of the facts. As we previously reported, Washington employers’ ability to…

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Nov 12 2024
Wage and Hour

Q&A: Travel time requiring overnight stay is compensable

Question: We require one of our hourly employees to occasionally travel to some of our other facilities for a couple of days at a time. The employee generally spends the morning driving from their home to the remote facility, spends the afternoon working, stays in a hotel overnight and then spends the following morning working…

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Oct 07 2024
Q&ASafety and Health

Q&A: Failing to address safety issues can shut down your business

Question: We have a couple of areas where our equipment or practices are out of compliance, but our employees prefer the efficiency and ease of our current practices. While we know we run the risk of getting cited by OSHA, we also feel that safety citations are just a cost of doing business. Do other…

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Sep 13 2024
Leave LawsQ&A

Q&A: Check on unique state laws before denying leave

Question: My employee has used up all their vacation and sick leave, but now they need to take a day off to take their child to juvenile court. It’s always something with this employee and they use up their sick days as soon as they earn them. We don’t excuse people who miss work because…

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Mar 11 2024
Leave LawsOregon

OREGON: Major leave changes will eliminate OFLA and PLO overlap

The Oregon legislature has passed SB 1515, which makes major changes to the Oregon Family Leave Act (OFLA), and minor changes to Paid Leave Oregon (PLO), in an effort to eliminate the overlap between the two leave laws. The governor is expected to sign the bill. Most leaves that are currently covered by both OFLA…

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Jun 15 2023
Safety and HealthWashington

WASHINGTON: More bills signed from 2023 legislative session

More bills from the 2023 legislative regular session have been signed into law by Washington Governor Jay Inslee. We previously reported on a number of newly signed bills from this session. Two additional bills of interest to employers are listed below. SSB 5217: Authorizes L&I to develop workplace ergonomic safety rules. Effective July 23, 2023,…

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May 18 2023
Labor RelationsQ&ASafety and Health

Q&A: Insubordination may be protected under NLRA

Question: One of our employees yelled at our plant manager during a team meeting and called the manager “the devil incarnate,” said that the manager “must enjoy torturing the crew,” and that “working here was a living hell.” He was complaining because the manager was requiring mandatory overtime during the most recent heatwave. We follow…

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May 04 2023
DisabilityWage and Hour

DOL releases guidance on PUMP for Nursing Mothers Act

The U.S. Department of Labor (DOL) recently issued frequently asked questions and a fact sheet detailing employers' obligations under the newly enacted Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). As we previously reported, enforcement of this Act began on April 28, 2023. The PUMP Act expands the right to…

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Apr 20 2023
Q&AWage and Hour

Q&A: Can I reuse old separation agreements?

Question: Has anything changed recently regarding separation agreements? We’re planning to eliminate a position and we want to offer severance pay. I have a separation agreement that was drafted a couple of years ago; can I just reuse that? Answer: No, please contact your Vigilant Law Group employment attorney for fresh language! There have been…

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