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Sep 16 2024
Uncategorized

H-2A worker protections blocked

On August 26, 2024, a federal district court blocked the U.S. Department of Labor (DOL)’s far-reaching H-2A worker protection rule (also known as the Farmworker Protection Rule) from going into effect in 17 states, including Idaho and Montana, and the DOL has delayed implementation across the nation. As we previously reported, the DOL’s Farmworker Protection…

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Sep 13 2024
DisabilityLeave Laws

Q&A: Know how to handle time off request after discipline

Question: The day after a disciplinary meeting, an employee called in to say she needs four weeks off due to stress. What can we do? Answer: Unfortunately, this type of request is becoming more common. Start by assessing protected leave rights and then figure out how to address the employee’s performance upon return from work….

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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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Sep 10 2024
Leave LawsSafety and Health

Q&A: Sick time covers wildfire evacuation

Question: The area where our business is located is under a level 3 (go now, shut the business) evacuation order from the county’s fire department due to wildfire danger. Can employees use their paid sick leave while we’re closed? Answer: If you’re located in Oregon or Washington, then yes, employees are allowed to use any…

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Sep 03 2024
CaliforniaOregonSafety and Health

States updating wildfire smoke rules to match EPA’s new AQI levels

Effective May 6, 2024, the Environmental Protection Agency (EPA) adjusted the cutoff points in its color-coded Air Quality Index (AQI), which is used as a reference for wildfire smoke rules in California, Oregon, and Washington. The EPA’s updates to the AQI change what concentrations of PM2.5 (Particulate Matter measuring 2.5 micrometers) in the air correspond…

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Sep 03 2024
Harassment & DiscriminationLabor RelationsWage and Hour

Q&A: Decide now on political speech standards at work

Question: We are in another heated election season and a few of our employees are known to share their political opinions at lunchtime. Not everybody likes it. Are we allowed to keep politics out of the workplace to avoid conflict and preserve what team spirit we have left? Answer: Yes. Private employers can prohibit political…

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Sep 03 2024
Hiring

FTC noncompete rule blocked by federal judge

On August 20, 2024, a federal district court in Texas issued a nationwide order blocking the Federal Trade Commission (FTC)’s noncompete rule, which was scheduled to take effect on September 4, 2024. As we previously reported, the noncompete rule would have invalidated most existing noncompete agreements, except for those with senior executives, and would have…

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Aug 09 2024
Labor Relations

NLRB issues union-friendly election rules

The National Labor Relations Board has updated the rules that govern the ability of a union to be recognized as workers’ bargaining representative under the National Labor Relations Act (NLRA). The current (Biden-era) Board’s actions are more generous to unions and replace rules that the Trump-era Board had issued in April 2020. The new rules…

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Aug 09 2024
CaliforniaHarassment & Discrimination

One-time use of slur could create harassment liability

Even a one-time use of a racial slur could be enough for an employee to establish a hostile work environment claim The California Supreme Court recently decided. In this case, an employee alleged that a coworker at her office called her the N-word, and that her employer intimidated her and tried to block her from…

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Aug 09 2024
Harassment & DiscriminationQ&A

Q&A: Off-the-job social media posts can be illegal harassment

Question: One of our employees reported that a coworker is engaging in sexual harassment by posting offensive content on Instagram. The accused employee has over 100 followers who work for us. Do we need to monitor everything our employees say and “like” online? Shouldn’t she just unfollow him? How do we handle this? Answer: Ordinarily an…

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Jul 31 2024
Safety and HealthWashingtonWorkers’ Comp

Why forecasting your L&I premium is a must

Financial forecasting is crucial for any employer, especially when it comes to managing major expenses. Since workers’ comp costs are among the top expenses for manufacturers, it’s no doubt accurate L&I premium forecasts can provide significant benefits. What are these benefits and why do we strongly suggest that “let’s forecast your premium” should be one…

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Jul 26 2024
Safety and Health

CDC releases heat and health tracker tool

The Centers for Disease Control (CDC) recently released a Heat and Health Tracker tool to help people identify and prepare for high heat exposure outdoors. Tools within the program, based on geographic area, include: Health Burden: Rates of emergency department visits associated with heat-related illness per 100,000 visits by region. Heat Exposure: Heat risk across…

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