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May 23 2023
WashingtonWorkers’ Comp

Working with L&I: How to ensure good claims outcomes

It’s probably safe to say, in business a partner relationship is preferred over an adversarial one. There are low levels of trust in the latter, not to mention stress for both parties and lack of team effort to get the job done quickly and with good results. So, in the instance of workers’ compensation claims…

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May 18 2023
Drug and AlcoholHiringWashington

WASHINGTON: New bill limits most pre-employment cannabis tests

Governor Jay Inslee has signed ESSB 5123, which will prohibit Washington employers from requiring pre-employment testing for non-psychoactive cannabis (marijuana) metabolites of applicants who lawfully consume cannabis away from work, except under limited circumstances, effective January 1, 2024. It creates a new protected group and makes it unlawful for employers to discriminate against these lawful…

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May 18 2023
DisabilityEmployee BenefitsLeave Laws

WASHINGTON: Governor signs 2023 legislation

The 2023 legislative regular session ended on April 23, 2023, with Washington Governor Jay Inslee signing multiple employment-related bills into law. Please see our separate articles in today’s newsletter on two of those bills, “WASHINGTON: New bill limits most pre-employment cannabis tests” (regarding ESSB 5123) and “WASHINGTON: Employers must notify warehouse employees of quotas” (regarding…

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May 18 2023
Safety and HealthWage and HourWashington

WASHINGTON: Employers must notify warehouse employees of quotas

Governor Jay Inslee recently signed legislation requiring employers of warehouse distribution center employees to notify them of any production quotas, effective July 1, 2024 (HB 1762). Here are the requirements: Covered industries: A warehouse distribution center is an establishment engaged in activities as defined by any of the following North American Industry Classification System (NAICS)…

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May 18 2023
COVID-19Hiring

Temporary Form I-9 remote inspection finally expires August 30, 2023

The Department of Homeland Security (DHS) has announced the end of its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. The relaxed standard officially expires on July 31, 2023, but DHS is allowing a 30-day grace period to come into compliance. This means employers…

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May 18 2023
Labor RelationsQ&ASafety and Health

Q&A: Insubordination may be protected under NLRA

Question: One of our employees yelled at our plant manager during a team meeting and called the manager “the devil incarnate,” said that the manager “must enjoy torturing the crew,” and that “working here was a living hell.” He was complaining because the manager was requiring mandatory overtime during the most recent heatwave. We follow…

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May 08 2023
WashingtonWorkers’ Comp

Q&A: Is there a right time to use Kept-On-Salary for claims (or not)?

If Kept-On-Salary (KOS) always produced the best financial result for your company, all Retro groups would likely have KOS requirements. The truth is, KOS will always be good for the retro sponsor but there are times when KOS isn’t the best move for you. You need to be armed with the information you need to…

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May 04 2023
DisabilityWage and Hour

DOL releases guidance on PUMP for Nursing Mothers Act

The U.S. Department of Labor (DOL) recently issued frequently asked questions and a fact sheet detailing employers' obligations under the newly enacted Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). As we previously reported, enforcement of this Act began on April 28, 2023. The PUMP Act expands the right to…

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May 04 2023
Affirmative ActionDisability

Federal contractors must use new disability self-ID form by 7/25/23

Employers with federal contracts must begin using a revised version of the voluntary disability self-identification form for applicants and employees no later than July 25, 2023. The existing form has an expiration date of May 31, 2023, but the Office of Federal Contract Compliance Programs (OFCCP) wanted to give employers 60 days’ notice of the…

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May 04 2023
Wage and HourWashington

WASHINGTON Q&A: DOT truckers exempt from state break rules

Question: Our truck drivers in Washington, hoping to make more money by completing more deliveries, recently said they don’t need to take mandatory rest and meal periods that comply with Washington law. Is that true? Answer: Surprisingly, yes, assuming the truck drivers you’re referring to are property-carrying commercial motor vehicle (CMV) drivers subject to the…

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May 04 2023
COVID-19Safety and Health

Federal contractor vaccine mandate to end effective May 12, 2023

On May 1, 2023, the White House announced that the COVID-19 (coronavirus) vaccine mandate and related safety protocols for federal contractors will end at 12:01 a.m. on May 12, 2023. This is the same time that the national COVID-19 public health emergency will officially be over. A notice on the Safer Federal Workforce web page for…

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Apr 20 2023
Privacy & ConfidentialitySafety and HealthWage and Hour

Q&A: Set expectations for social media use to protect confidentiality

Question: I just found out that employees are using their personal cell phones at work to snap and share pictures, in response to randomly timed daily prompts from an app called “BeReal.” Our policy prohibits cell phone use during work time unless it’s necessary for the job. Our manufacturing employees are only allowed to use…

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