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Sep 18 2013
Drug and AlcoholQ&AWashington

Use of E-Cigarettes in the workplace

A: E-cigarettes, the common name for nicotine delivery devices, are not yet FDA approved. They do not produce smoke but water vapor which contains trace amounts of nicotine. The use of these devices is often referred to as “vaping.” For the past several years, e-cigarettes have been prohibited in public places in King County, pursuant…

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Sep 17 2013
Affirmative Action

Federal contractor settles retaliation charges for more than $372,000

An employer with federal contracts agreed to pay $372,739 to settle claims that it gave minority workers unequal training in retaliation for being forced to hire them in the wake of an affirmative action audit. The Office of Federal Contract Compliance Programs (OFCCP) had previously found that Tufts Associated Health Plans Inc.’s hiring process for…

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Sep 12 2013
Drug and Alcohol

Employer held liable for employee’s drunk driving accident after holiday party

A tragic accident turned into major liability for an employer whose holiday party resulted in a drunk-driving fatality. Before the event, the employer took the sensible steps of presenting employees with only two drink tickets each and limiting the bar offerings to beer and wine. During the party, it all unraveled. An employee consumed a…

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Sep 11 2013
Affirmative Action

OFCCP releases new compliance manual

It took many years to get it done, but the Office of Federal Contract Compliance Programs (OFCCP) has completely revamped its manual providing guidance to its compliance officers on how to conduct affirmative action audits. The updated Federal Contract Compliance Manual (FCCM) is now posted on the agency’s website. It isn’t binding on employers, but…

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Sep 10 2013
DisabilityHiringQ&A

Can I ask job applicants if they smoke?

A: Asking this question for most jobs is not a good idea. It could be perceived as a breach of privacy because smoking tobacco is a legal activity, and some states’ laws protect legal, off duty conduct. Also, one could argue that smoking is an addiction, which would be a protected disability. However, if being…

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Sep 09 2013
WashingtonWorkers’ Comp

L&I is paying employers to help injured workers stay on the job!

L&I is paying employers to help injured workers stay on the job! If you are an employer in Washington with an injured employee performing a light duty job, you could be reimbursed for 50% of the base wages you pay your worker, up to $10,000 or 66 days. Listen in as Vigilant member Eagle Group…

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Sep 09 2013
Q&AWage and Hour

Can employees waive their wage and hour rights?

A: No. Paying overtime for hours worked over 40 in a workweek is not optional, and neither employers nor the employees can waive their rights to receive overtime pay. Employment laws state that even if the employees insist on working extra hours at straight time pay, or sign a statement waiving their overtime rights, you…

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Sep 05 2013
DisabilityQ&AWashington

Use of a Service Animal as a Reasonable Accommodation in Washington

A: You might. The use of a service animal by an employee at work is protected by the Washington Law Against Discrimination as an accommodation of the employee’s disability. The animal must be trained so that it is not a disruption in the workplace, and the animal’s presence must improve the employee’s ability to do…

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Sep 05 2013
Wage and Hour

CEO may be individually liable for wage violations

If your CEO or President is spending more time in the stock room than the Board room, they might end up having to pay wage claims from their own pocket. In most companies, the CEO or President typically will not get involved in the details of daily operations at a level that directly impacts employees….

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Aug 29 2013
Affirmative ActionDisability

ALERT: Major changes announced for vets and disabilities rules for federal contractors

Employers with federal contracts will have significant new obligations in affirmative action compliance for veterans and people with disabilities, under new regulations announced by the Office of Federal Contract Compliance Programs (OFCCP). The final rules will likely take effect in late February or early March 2014 (180 days after they’re published in the Federal Register,…

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Aug 29 2013
Leave Laws

Religious accommodation request unclear? Ask for clarification

If an employee asked you for unpaid leave to travel abroad for his father’s funeral and to participate in the burial rites, would you understand that to be a request for a religious accommodation? One employer didn’t and is being sued by the employee for its failure to accommodate his sincerely held religious beliefs and…

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Aug 22 2013
Wage and Hour

Overtime exemption for truck driver depends on vehicle weight rating, not load weight

Driving a truck with a light load weighing 10,000 pounds or less doesn’t necessarily entitle the driver to overtime, ruled a federal court of appeals. What matters is how heavy a load the vehicle is rated to carry.  If the truck has a gross vehicle weight rating (GVWR) of at least 10,001 pounds, then the…

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