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Jan 29 2024
Labor RelationsTermination & ResignationWage and Hour

Q&A: Employees can discuss wages with each other

Question: Two of our employees accessed confidential payroll files and now are loudly complaining they are the lowest-paid employees in the company. Their manager is upset and wants to fire them for breach of trust, disrupting our business operations, and hurting morale. The whole department is demanding a raise. What can we do here? Answer:…

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Jan 17 2024
Safety and HealthWage and Hour

Post your OSHA 300A by February 1, 2024

It’s nearly time to finish completing the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and post the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) for the 2023 calendar year. Federal OSHA generally requires employers with more than 10 employees to keep a record of work-related injuries and illnesses, except for establishments…

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Jan 15 2024
Leave LawsWashington

WASHINGTON: L&I updates paid sick leave rules

  The Washington Department of Labor & Industries (L&I) updated the state’s paid sick leave rules, effective January 1, 2024. Most changes to the rules relate to a new Washington law requiring payout of accrued leave for short-term construction workers. However, some of the rules on usage, paid time off (PTO) programs, and frontloading were…

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Jan 15 2024
Harassment & Discrimination

Q&A: Religious beliefs don’t have to be mainstream to be protected

Question: An employee recently asked to be permanently exempted from working overtime on Saturdays, which is a requirement that applies to all production workers. He told me that Saturday is a holy day based on his own personal religious beliefs, but he’s not part of any organized congregation. Do we have to go through the…

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Jan 05 2024
Harassment & DiscriminationSafety and HealthWage and Hour

Mitigate workers’ comp risks: Production slowdowns with an injured employee

  When an injured worker is laid off or has their hours reduced because of a production slowdown, you may experience unexpected workers’ compensation issues that could have been avoided with advanced planning. Here are some practical considerations to keep in mind if you must take the unfortunate step of reducing hours or headcount: Eligibility…

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Jan 01 2024
Safety and Health

Safety Q&A: Don’t be surprised by winter storms

Question: What do I need to do to prepare our operations for the winter season? Answer: Start by training employees regarding winter weather safety awareness to ensure everyone is prepared and ready to implement a winter operations action plan focused on the areas listed below. Operations: Entrances and exits: Designate an employee to remove snow…

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Dec 22 2023
Uncategorized

No undue hardship for religious accommodation request

A federal district court in Arizona recently barred an employer from using the undue hardship defense at trial to justify its denial of an employee’s request for time off due to his religious beliefs. The employee requested 1.5 unpaid days off to attend a 4-day Elders Training related to his Jehovah’s Witness faith. The employer…

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Dec 22 2023
Safety and Health

WASHINGTON: L&I files permanent wildfire smoke rules

The Washington Department of Labor and Industries (L&I) has filed permanent rules to protect employees from exposure to wildfire smoke, which replace temporary rules that had previously been issued in the summers of 2021 and 2022. The permanent rules will take effect on January 15, 2024, and apply to almost all workplaces. Exemptions: The rule…

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Dec 22 2023
Termination & ResignationWage and Hour

Employer’s enforcement of “no photography” rule violated the NLRA

The National Labor Relations Board (NLRB) recently ruled against an employer that attempted to enforce its rule against photography in the workplace. A labor contract between an oil refinery employer and union had a “Photograph, Camera & Video Policy,” which restricted use of photography and cameras. The policy stated the basis of the rule was…

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Dec 07 2023
Drug and AlcoholQ&AWorkers’ Comp

Q&A: Manage Washington Workers’ Comp After Positive Drug Test

Question: We had an employee hurt themselves in a forklift accident and test positive in a post-accident drug test carried out based on our policy. If we terminate them, will they still get workers’ compensation benefits? Answer: Yes, we would expect them to be eligible for workers’ compensation benefits such as time loss (wage replacement benefits). As…

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Dec 07 2023
DisabilityDrug and AlcoholLeave Laws

Q&A: Know how to handle disclosure of need for alcohol treatment

Question: An employee in a safety-sensitive job came forward to say she’s going into a 28-day treatment program for alcohol use disorder. When she comes back, can we test for alcohol (return-to-duty and unannounced follow-up tests)? Answer: Maybe… so please ask your Vigilant Law Group employment attorney or other legal counsel to review your specific facts before…

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Dec 07 2023
DisabilitySafety and Health

Employee’s service dog posed direct threat to safety at hospital

The U.S. Sixth Circuit Court of Appeals recently ruled that a hospital did not have to allow a nursing student to bring a service dog to work under the Americans with Disabilities Act (ADA) because the accommodation created a direct threat to health and safety. A nursing student was assigned to work at the hospital…

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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.

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