Sean Brown, Author at Vigilant

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Mar 08 2024
Labor Relations

Don’t unilaterally stop dues checkoff when CBA expires

Employers can no longer unilaterally stop collecting union dues when a collective bargaining agreement (CBA) expires, ruled the U.S. Ninth Circuit of Appeals. Under the National Labor Relations Act (NLRA), a union-represented employee can agree to allow their employer to deduct and remit union dues. In a case involving hospital employees, the CBA between the…

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Dec 07 2023
Drug and AlcoholFeatured Worker’s CompQ&A

Q&A: Manage Washington Workers’ Comp After Positive Drug Test

Question: We had an employee hurt themselves in a forklift accident and test positive in a post-accident drug test carried out based on our policy. If we terminate them, will they still get workers’ compensation benefits? Answer: Yes, we would expect them to be eligible for workers’ compensation benefits such as time loss (wage replacement benefits). As…

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Nov 02 2023
Drug and AlcoholHiringQ&A

WASHINGTON Q&A: Conducting pre-employment cannabis tests

Question: We plan to continue pre-employment drug testing for marijuana after Washington’s new restrictions go into effect on January 1, 2024. We heard one of the exceptions that would allow us to continue pre-employment marijuana testing is if impairment in the position “presents a substantial risk of death.” What does that mean and how can…

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Oct 05 2023
COVID-19Safety and HealthWashington

WASHINGTON: Permanent TWH rules released

Starting November 1, 2023, operators of temporary worker housing (TWH) must comply with new rules issued by Washington’s Departments of Labor & Industries (L&I) and Health (DOH) that primarily address communicable diseases such as COVID-19. As we previously reported, L&I and DOH indicated in January that they planned to create permanent rules when their last…

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Sep 07 2023
Labor Relations

NLRB decision makes union organizing easier

The National Labor Relations Board (NLRB) now requires employers to quickly file any challenges to a union’s demand for recognition, and if an employer commits an unfair labor practice (ULP) that would justify setting aside an election result in the employer’s favor, the Board will require the employer to proceed straight to bargaining with the…

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Aug 10 2023
DisabilityHiringWorkers’ Comp

Q&A: Make preemployment physicals useful and ADA-compliant

Question: We’re considering a preemployment physical process. What do we need to know to make sure we do things right? Answer: Glad you asked! Preemployment (post-offer) physicals are typically considered by employers who want to ensure candidates can perform the physical requirements of their job safely. In practice, we often see processes that begin with…

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May 04 2023
Wage and HourWashington

WASHINGTON Q&A: DOT truckers exempt from state break rules

Question: Our truck drivers in Washington, hoping to make more money by completing more deliveries, recently said they don’t need to take mandatory rest and meal periods that comply with Washington law. Is that true? Answer: Surprisingly, yes, assuming the truck drivers you’re referring to are property-carrying commercial motor vehicle (CMV) drivers subject to the…

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Apr 20 2023
Safety and Health

Prepare for heat illness prevention, 4/21/23

As summer approaches, now is the time to review your safety plans for protecting workers from heat illness hazards. Cal/OSHA requirements depend on outdoor temperature thresholds; Oregon OSHA rules apply to indoor or outdoor work when the heat index reaches certain levels; and Washington's Department of Labor and Industries (L&I) requires heat illness steps to…

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Apr 06 2023
Hiring

Mandatory third-party background check notice updated

If you use a third party to conduct background checks, such as criminal history reports on applicants or employees, you’ll need to start using a revised “Summary of Your Rights Under the Fair Credit Reporting Act.” The Consumer Financial Protection Bureau (CFPB) announced the revisions in the Federal Register on March 20, 2023, but making…

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Dec 15 2022
Harassment & Discrimination

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 language. This language is usually…

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Sep 15 2022
Safety and Health

WASHINGTON: L&I updates agriculture pesticide safety rules

Washington’s Department of Labor & Industries (L&I) made minor changes to the existing agriculture pesticide safety standards found in WAC 296-307, which take effect on September 26, 2022. As a part of this process, L&I collaborated with the Washington State Department of Agriculture to ensure the existing rules met federal Environmental Protection Agency (EPA) requirements….

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Jul 21 2022
Wage and Hour

Q&A: Reimbursing employee expenses can be necessary

Question: Do we have to reimburse employees for expenses, and if so, which ones? Answer: Yes, there are times when employees must be reimbursed for expenses, but it depends on the expense you’re talking about and whether you’re dealing with less generous federal law or more generous state or local law. Under federal law, employers…

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