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Mar 08 2024
Labor Relations

Don’t unilaterally stop dues checkoff when CBA expires

Employers can no longer unilaterally stop collecting union dues when a collective bargaining agreement (CBA) expires, ruled the U.S. Ninth Circuit of Appeals. Under the National Labor Relations Act (NLRA), a union-represented employee can agree to allow their employer to deduct and remit union dues. In a case involving hospital employees, the CBA between the…

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Feb 27 2024
Termination & Resignation

Supreme Court clears path for SOX whistleblower to claim retaliation

The U.S. Supreme Court recently ruled that employees alleging retaliation under the Sarbanes-Oxley Act (SOX) only have to show that their whistleblowing activity was a “contributing factor” in their employer’s adverse employment decision. SOX is a federal law that protects employees at publicly traded companies who report (internally or externally) what they reasonably believe to…

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Feb 23 2024
Affirmative ActionHarassment & DiscriminationHiring

Manufacturer pays $443,000 to resolve hiring discrimination claims

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal contractor GE Aerospace will pay $443,000 in back pay and interest to resolve allegations that it discriminated against female applicants for Manufacturing Ops Associate positions at its facility in Rutland, Vermont. The money will be shared among 116 unsuccessful female applicants. The company…

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Feb 23 2024
Harassment & Discrimination

NLRB says employee had right to put BLM initials on apron

The National Labor Relations Board (NLRB) recently ruled that Home Depot violated the National Labor Relations Act (NLRA) when it told an employee not to wear the initials “BLM” on a work apron in reference to Black Lives Matter. Under the NLRA, unless special circumstances exist (such as safety concerns), nonmanagement employees generally have the…

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Feb 09 2024
Safety and Health

Submit OSHA injury & illness data by 3-2-24

March 2, 2024, is the deadline for covered employers to submit injury and illness data to OSHA—for some employers, this just means their 300A Summaries, while for others, this means also submitting detailed data from their OSHA 300 Logs and OSHA 301 Forms. Covered employers must submit this information through OSHA’s Injury Tracking Application (ITA)…

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Feb 09 2024
WashingtonWorkers’ Comp

How happy are you with your workers’ comp partner?

How often do you find the terms “happy” and “workers’ compensation” in the same sentence? It’s a rare occurrence, given the challenges and complexities associated with workers’ comp in Washington. While many perceive it as a necessary burden, there are companies out there with a different perspective—those who genuinely find satisfaction in their Retro or…

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Feb 09 2024
Disability

Q&A: Evaluate request for permanent remote work under ADA

Question: During the pandemic, we allowed some employees to work from home on a case-by-case basis. We brought everyone back to the office gradually and our policy now requires all administrative personnel to work onsite. One of our admin employees who worked remotely has requested to work from home permanently due to a chronic health…

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Feb 08 2024
Affirmative Action

OFCCP kicks off FY 2024 with two financial settlements

The Office of Federal Contract Compliance Programs (OFCCP) has published two financial settlements that it secured from federal contractors early in its 2024 fiscal year—one as the result of a routine review of a functional affirmative action plan (AAP) and one as the result of an employee complaint: Michael Baker International Inc. agreed to pay…

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Jan 29 2024
Employee ClassificationsWage and Hour

DOL publishes FLSA rule on independent contractors vs. employees

The U.S. Department of Labor (DOL) has published a new regulation describing how to determine whether a worker is an independent contractor or employee under the federal Fair Labor Standards Act (FLSA). The regulation uses an “economic realities” test to evaluate whether the worker is economically dependent on the hiring entity (indicating employee status) or…

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Jan 29 2024
Safety and Health

Two teen fatalities in manufacturing raise safety and HR concerns

Federal OSHA recently announced major penalties against two separate manufacturing companies after investigating workplace incidents in which a 16-year-old at each facility was fatally injured by machinery. The Fair Labor Standards Act (FLSA), and many state rules, strictly limit the types of industries and environments where children can work. These two situations tragically illustrate numerous…

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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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