Our Blog | Employment Counsel in WA, OR, and CA | Vigilant
Home » Blog

Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing all recent posts

Jun 11 2013
Affirmative Action

Affirmative Action: 2010 Census EEO data mandatory in 2014

As of January 1, 2014, federal contractors must begin using the 2010 Census EEO data, said the Office of Federal Contract Compliance Programs (OFCCP) in a recent announcement. Until then, employers have the option of continuing to rely on the old 2000 Census data in their written affirmative action plans (AAPs), or making the switch…

Read More
Jun 05 2013
Labor Relations

Employer does not have to accommodate disability that alters essential job function

In this case a long term, union-represented employee bid on a job opening for which she was the senior bidder. The main issue was a restriction which prevented the employee from lifting 20 or more pounds, which was an essential function of this job. The company employed an occupational health nurse and an ergonomic technical…

Read More
May 29 2013
HiringQ&A

Some laminated Social Security cards okay for Form I-9

A: It’s a bit unclear, but it’s probably okay to accept the card as long as it doesn’t say “not valid if laminated” on the back. The United States Citizenship and Immigration Services (USCIS) website’s Form I-9 Central Questions and Answers include this guidance in response to a question asking whether a laminated Social Security…

Read More
May 23 2013
Q&A

Put a stop to workplace bullying.

A: Bullying can be hard to spot and even harder to stop because it can take many different forms: excluding or ignoring co-workers, embarrassing others, shouting, cursing or making negative comments. Often the conduct doesn’t violate an employer’s anti-harassment policy because it is not based on a coworker’s race, gender, religion, or other protected status,…

Read More
May 21 2013
Affirmative Action

Affirmative Action: Construction contractor to pay $70,000 in back wages

During an audit of the company’s affirmative action compliance, the OFCCP alleged that the company’s hiring process had a disparate impact on African-Americans, Hispanics, Asians, and Native Americans applying for jobs as laborers and deckhands. In addition to paying back wages, the company agreed to offer jobs to at least six of them, with retroactive…

Read More
May 16 2013
Q&AWage and Hour

Should I take the Time to Audit my I-9s?

A: It’s always a good idea to periodically conduct an audit of your I-9s, especially if you have questions about their accuracy. Doing so can help demonstrate in any later government audit that you take I-9 compliance seriously. Be sure to follow the same procedure with each I-9 you review, and any changes you make…

Read More
May 08 2013
Labor Relations

Alert: NLRB poster requirement struck down by federal appeals court

A federal appeals court has invalidated a rule published by the National Labor Relations Board (NLRB) in August 2011, which required all employers to post a notice informing employees of their rights under the National Labor Relations Act (NLRA). Although the NLRB originally fast-tracked the requirement for employers to post the notice, the rule has…

Read More
May 07 2013
Hiring

Background checking? Don’t forget FCRA notices

If you run third-party background checks on applicants or employees, such as checking whether they have any criminal convictions, be sure you comply with hiring laws and the federal Fair Credit Reporting Act (FCRA). At Vigilant we often find that employers don’t realize that FCRA compliance means more than just getting an individual’s permission to…

Read More
May 01 2013
Leave Laws

Court backs employer on FMLA recertification of intermittent leave

Administering intermittent leave under the federal Family and Medical Leave Act (FMLA) can be a challenge for employers. Planning and scheduling are especially difficult when the employee’s condition is episodic and unpredictable, such as migraine headaches. Sometimes the employee requests leave more frequently than what’s supported by the medical certification. What can be done? One…

Read More
Apr 30 2013
Q&A

Employees on leave are protected, even if someone else does the job better

A: That would be an extremely risky move, especially if you haven’t addressed any performance issues with the employee prior to his or her leave. When you first notice an employee’s “performance” issues while they’re on a protected leave (such as the federal Family and Medical Leave Act (FMLA)), you will have an uphill battle…

Read More
Apr 25 2013
Affirmative Action

Affirmative Action: More perspective on OFCCP’s new compensation analysis

Presentations by the Office of Federal Contract Compliance Programs (OFCCP) have shed more light on its new compensation directive. As we reported in on our Employment Law Blog on 3/14/13, the agency has given itself total flexibility in grouping jobs into “pay analysis groups” for “comparable” employees. The new process applies to affirmative action audits…

Read More
Apr 23 2013
OregonQ&A

Discrimination or harassment by customers is just as illegal

A: You have the same legal obligation to address this incident with your customer and affected employees as you would if it was a coworker who had made the comments. Underemployment laws and regulations, your employees have the right to be free from harassment and discrimination from any source, whether internal to your company or…

Read More

Is My Company Eligible?

If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

Release Form
Contact Us
Browse By Category
Browse By Topic
Filter By State
Get Our Newsletter
Sign Up Today
Connect With Us
Linkedin

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Get in Touch Today
Scroll to Top