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Jan 25 2013
Labor Relations

Alert: Recent NLRB appointments invalid, says D.C. Circuit Court of Appeals

The President didn’t have the power to appoint three people to the National Labor Relations Board on January 4, 2012, ruled the District of Columbia Circuit U.S. Court of Appeals. The court’s ruling throws serious doubt on the validity of recent Board decisions, many of which have been highly controversial. The court determined that the…

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Jan 15 2013
Safety and Health

Safety: Post OSHA 300A summary February 1 – April 30

On February 1, 2013, you must post your OSHA Form 300A summary in a conspicuous place in your workplace, and keep it posted through the end of April. This annual summary shows the total number of 2012 job-related injuries and illnesses that you logged on the OSHA Form 300 log. Here’s a quick brush-up on…

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Jan 10 2013
Affirmative ActionCalifornia

Affirmative Action: Meat-packer to pay nearly $440,000 to settle sex discrimination case

Clougherty Packing Co., a subsidiary of Hormel Food Corp. located in Los Angeles, has agreed to pay $439,538 in back pay and interest to 1,988 female applicants who were rejected for entry-level jobs at its meat-packing plant. The company holds a federal contract with the Department of Agriculture; its products include “Dodger Dogs” which are…

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Jan 10 2013
Safety and HealthWashington

WASHINGTON: Workplace posters updated for 2013

The Washington Department of Labor & Industries (L&I) has issued changes to three required posters:  workers’ compensation, job safety and health, and employee rights. Employers are required to post the posters in conspicuous locations where employees can read them and to remove the previous editions. Major changes include: Injured workers must now see a network…

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Jan 03 2013
Uncategorized

EEOC issues religious accommodation guidance on non-employees

If you are in the health care industry and you have a mandatory vaccination policy, you’ll want to read up on guidance recently issued by the federal Equal Employment Opportunity Commission (EEOC) explaining its position on whether you have an obligation to reasonably accommodate the sincerely held religious beliefs of contractors, outside vendors, volunteers and…

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Dec 17 2012
Affirmative Action

Affirmative Action: New process for functional affirmative action plans

The Office of Federal Contract Compliance Programs (OFCCP) has revised the approval process for creating or maintaining optional functional affirmative action plans (AAPs). Unlike traditional AAPs, which are organized by location, functional AAPs allow employers with federal contracts to organize their data and reports by business unit (e.g., research and development, production, sales, etc.). The…

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Dec 06 2012
Safety and HealthWashington

WASHINGTON: L&I confirms no increase in 2013 workers’ comp rate

Washington’s Department of Labor and Industries (L&I) has announced that it plans to hold workers’ comp rates flat in 2013. Depending on claims history and cost of claims in their industry, employers may see their rates go up or down. L&I Director Judy Schurke credited the 2011 worker’s comp reforms and has indicated that L&I…

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Dec 06 2012
Q&A

Conducting an Effective Investigation with a Reluctant Witness

A: A successful investigation hinges on making the employee feel safe, comfortable, and important. Interview beyond just direct witnesses so no one feels targeted, and let them know you are not conducting a witch hunt. Most employees don’t realize that harassment investigations are intended to improve their work environment. It is also important to emphasize that…

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Dec 05 2012
Q&AWage and HourWashington

Are My Independent Contractors Really Employees?

A: Be careful with your independent contractor classifications. The Washington Supreme Court recently adopted an “economic dependency” test, which means that if an individual is economically dependent on the company, he or she is considered an employee under the state minimum wage law. If these individuals work exclusively for you and perform work that is similar…

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Dec 04 2012
Employee BenefitsQ&A

Electronic SPD Distribution Subject to DOL Rules

A: Distribution of group health plan materials, including SPDs and other plan notices, is subject to regulations issued by the U.S. Department of Labor (DOL). The existing DOL rules provide that you may distribute plan materials electronically, but whether your employees have access to their own individual work computer (i.e., not just a kiosk in…

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Nov 20 2012
Leave LawsQ&A

Finding Fault in No-Fault Attendance Policies

A: Illegal? Maybe. Risky? Definitely. While no-fault attendance policies seem fair, you can end up with one of two problems. If you throw medical absences in with the rest, you could improperly deny FMLA leave or ADA accommodation (exactly why the EEOC tagged Verizon for $20 million in 2011). But if you don’t count medical absences, some…

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Nov 16 2012
Drug and AlcoholQ&AWashington

Washington’s New Marijuana Law and the Workplace

A: First, the new law doesn’t take effect until December 6, 2012, at which time the only provisions of the law that will go into effect are: 1. That individuals over 21 in Washington cannot be arrested under state law for possessing a small amount of marijuana for personal use; and 2. The new state…

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