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Mar 21 2024
HiringWashington

Washington Governor signs new law on noncompete agreements

On March 13, 2024, Governor Jay Inslee signed SSB 5935, a new law that modifies and expands the definition of noncompetition covenants (noncompete agreements). We intend to report on any other bills of interest to employers that are signed from the 2024 Washington legislative session in a future newsletter. Beginning June 6, 2024, the definition…

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Mar 21 2024
Employee BenefitsHiringLabor Relations

Judge tosses NLRB’s 2023 joint employer rule

A federal district court judge in Texas has invalidated the National Labor Relations Board (NLRB)’s 2023 rule defining when two separate companies are actually joint employers for purposes of compliance with the National Labor Relations Act (NLRA). The judge issued the decision shortly before the rule was scheduled to take effect. The Board is expected…

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Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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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
Affirmative ActionDisabilityHarassment & Discrimination

Federal contractors settle discrimination claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has announced numerous financial settlements with federal contractors in recent months. Most settled allegations of hiring discrimination on the basis of race/ethnicity or gender, which came to light during the agency’s routine reviews of the companies’ affirmative action plans (AAPs). A few settlements were made after 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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Jun 01 2023
Affirmative ActionHarassment & DiscriminationHiring

OFCCP secures settlements from federal contractors in early 2023

During the first five months of 2023, the Office of Federal Contract Compliance Programs (OFCCP) announced some interesting financial settlements with federal contractors, although none of the companies admitted liability. Ordinarily, OFCCP settlements occur as the result of randomly scheduled affirmative action audits (compliance reviews) of federal contractors with at least 50 employees and a…

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May 18 2023
COVID-19Hiring

Temporary Form I-9 remote inspection finally expires August 30, 2023

The Department of Homeland Security (DHS) has announced the end of its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. The relaxed standard officially expires on July 31, 2023, but DHS is allowing a 30-day grace period to come into compliance. This means employers…

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May 18 2023
Drug and AlcoholHiringWashington

WASHINGTON: New bill limits most pre-employment cannabis tests

Governor Jay Inslee has signed ESSB 5123, which will prohibit Washington employers from requiring pre-employment testing for non-psychoactive cannabis (marijuana) metabolites of applicants who lawfully consume cannabis away from work, except under limited circumstances, effective January 1, 2024. It creates a new protected group and makes it unlawful for employers to discriminate against these lawful…

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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
Employee BenefitsEmployee ClassificationsHiring

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 Policy provides informal guidance…

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Dec 01 2022
Affirmative ActionHarassment & DiscriminationHiring

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 conciliation agreement with…

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