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

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Dec 04 2023
Safety and HealthWorkers’ Comp

Prioritizing Employee Safety Amidst Seasonal Challenges ❄️

The holiday season is a time of celebration, joy, and relaxation, and for many it can also bring challenges and stress due to increased workloads, overtime commitments, and financial pressures. In the midst of these demands, prioritizing the well-being of our valued employees is crucial. Rather than being discouraged by statistics indicating a surge in…

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Nov 16 2023
Harassment & DiscriminationSafety and HealthWage and Hour

Holiday parties: Follow these tips to minimize company liability

Holiday season is rapidly approaching, and a company holiday party is a great way to reward employees for their work throughout the year. With the return of these parties, here are some tips and recommendations to enjoy a celebration with coworkers and reduce liability for your organization: Limit alcohol consumption: The use of alcohol at…

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Nov 16 2023
Leave LawsQ&A

Q&A: Use caution when denying holiday pay after sick time

Question: An employee called out sick the day before Thanksgiving, but our policy says employees must work the last scheduled day before and first scheduled day after a holiday in order to receive holiday pay. Can we deny him the Thanksgiving holiday pay? Answer: It depends on whether the employee is using protected paid sick…

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Nov 16 2023
Affirmative ActionHarassment & Discrimination

OFCCP obtains more financial settlements to end FY 2023

The Office of Federal Contract Compliance Programs (OFCCP) has posted a slew of last-minute financial settlements that were signed just before September 30, 2023, the end of the federal government’s 2023 fiscal year. All but one (which was in response to an individual complaint) resulted from the OFCCP conducting routine affirmative action audits of federal…

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Nov 16 2023
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Internal management communications aren’t confidential

Question: For weeks our management team has been trading internal emails discussing why we need to terminate an employee who isn’t meeting performance standards. In the most recent email thread, one manager said that he wants to move more quickly to fire the employee because the employee reported workplace harassment a few days ago and…

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Nov 02 2023
Employee ClassificationsLabor RelationsWage and Hour

NLRB expands interpretation of joint employment

The National Labor Relations Board (NLRB) recently issued a new regulation that broadly designates separate companies as joint employers for purposes of having a duty to comply with the National Labor Relations Act (NLRA). The rule affects potential joint employment relationships such as client employers and their staffing agencies, or franchisors and their franchisees, or…

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Nov 02 2023
Drug and AlcoholHiringQ&A

WASHINGTON Q&A: Conducting pre-employment cannabis tests

Question: We plan to continue pre-employment drug testing for marijuana after Washington’s new restrictions go into effect on January 1, 2024. We heard one of the exceptions that would allow us to continue pre-employment marijuana testing is if impairment in the position “presents a substantial risk of death.” What does that mean and how can…

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Nov 02 2023
Wage and HourWashington

WASHINGTON: Noncompete salary threshold rises for 2024

The Washington Department of Labor and Industries (L&I) will soon announce the minimum salary thresholds for noncompete agreements that take effect on January 1, 2024. Washington law prohibits noncompete agreements with individuals who earn less than the applicable annual salary threshold. L&I publishes separate thresholds for employees and independent contractors which are both adjusted annually…

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Nov 02 2023
Q&ASafety and HealthWage and Hour

WASHINGTON Q&A: Employers can still prohibit some moonlighting

Question: We know there have been many changes in Washington law lately about non-compete restrictions, but are we still allowed to prohibit current employees from moonlighting? Answer: Under certain conditions, yes. Washington law allows employers to restrict current employees from “moonlighting” (i.e., working other jobs at the same time) if the employee is making at…

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Oct 23 2023
Safety and HealthWorkers’ Comp

Ask the Safety Expert: Prevent injuries like a top performer

As Vigilant’s safety manager, I have an opportunity to work with hundreds of manufacturers in industries ranging from steel fabrication to wood products to food processing and agriculture. All of them share a strong commitment to workplace safety. The top performers elevate this commitment by investing in a culture of safety and constantly setting new…

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Oct 19 2023
Safety and Health

Generalized lockout/tagout procedures are not enough

If your workplace has machines that are powered by or store hazardous energy, federal and state safety regulations require you to have machine-specific written procedures to address those hazards. Your lockout/tagout program is an essential element to keep employees safe when working around hazardous energy, but its procedures are only effective if the instructions are…

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Oct 19 2023
Uncategorized

Federal contractors must notify employees of whistleblower rights

Most federal contractors and subcontractors are required to notify employees of their whistleblower rights to report misconduct related to the federal contracts, under a new regulation that takes effect on November 6, 2023. Most employers holding contracts with the Department of Defense (DoD) and the National Aeronautics and Space Administration (NASA) were already required to…

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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.

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