Question: Our maintenance people keep getting picked off by other local companies. I can’t decide whether to write them a nastygram to stop poaching our employees, or try to find out what they’re paying so we can set our wages higher. Any thoughts? Answer: As frustrating as this is, both of those approaches…
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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,…
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The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid…
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The Office of Federal Contract Compliance Programs (OFCCP) recently posted another significant financial settlement with a federal contractor, arising out of a routine affirmative action audit. Without admitting liability, Becton, Dickinson and Company agreed to pay $499,349 in back pay and interest to resolve allegations that it discriminated against 125 female applicants at three locations in…
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The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that…
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On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1,…
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There are two laws—one passed this year and one last—that protect employees in Washington from not getting paid or for fees related to bounced checks. The first, RCW Chapter 60.90, became effective January 1, 2022. It allows most employees to place a lien on their employer’s property to secure unpaid wages, as well as…
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On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is…
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Question: A swing shift employee contacted Payroll, upset that her overtime rate didn’t include her shift differential. Our policy is to only use the base rate when calculating overtime. Is that okay? Answer: The federal Fair Labor Standards Act (FLSA) requires nonexempt employees to be paid overtime at one-and-one-half times their “regular rate,” not…
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On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) into law. Vigilant recently reported on the significant changes and impact of H.R. 4445 on mandatory arbitration agreements. Tips: We encourage you to ensure that your anti-harassment policies are up to…
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