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Nov 17 2022
Leave LawsQ&A

Q&A: Occasional exceptions to call-in policy may be needed

Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will be terminated. Are there any…

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Nov 03 2022
Affirmative ActionDisabilityHarassment & Discrimination

Q&A: Affirmative action ruling won’t affect federal contractors

Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting students for…

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Nov 03 2022
Leave LawsOregonQ&A

Q&A: Assess how to report PFML wages for multistate employees

Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical leave (PFML) program in Oregon…

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Nov 03 2022
COVID-19DisabilityLeave Laws

WASHINGTON: Public health emergency ends; some duties remain

Governor Jay Inslee ended the COVID-19 public health emergency for the state of Washington on October 31, 2022, but employers still have some obligations under state law. As we previously reported, the continuing requirements for COVID-19 (coronavirus) stem from Washington’s Health Emergency Labor Standards Act (HELSA) and from an ongoing obligation to provide a workplace…

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Nov 03 2022
Wage and Hour

Time spent booting up computer compensable under FLSA

The U.S. Ninth Circuit Court of Appeals recently ruled that hourly call center employees were entitled to be paid for time spent booting up their computers at the beginning of their shifts. The employees worked in person at a call center for an appliance recycling company. Their principal duties were to answer customer phone calls…

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Oct 20 2022
Harassment & Discrimination

EEOC updates its mandatory EEO poster

On October 19, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) announced the replacement of its mandatory “EEO is the Law” poster with a new one titled, “Know Your Rights: Workplace Discrimination is Illegal.” At long last, the revisions incorporate information from the temporary supplement to the “EEO is the Law” poster, which federal contractors…

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Oct 20 2022
OregonTermination & ResignationWage and Hour

OREGON: Owners and managers can be personally liable

The Oregon Court of Appeals recently ruled that a person making decisions on behalf of a business entity employer can be held personally liable for aiding, abetting, or inciting a violation of Oregon’s discrimination statutes. Two restaurant servers filed a class-action lawsuit alleging that their employer’s tip-pooling arrangement violated Oregon law. The employees alleged that…

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Oct 20 2022
Affirmative ActionHarassment & Discrimination

Federal contractors settle significant OFCCP discrimination claims

Just in time before the close of the federal fiscal year on September 30, 2022, the Office of Federal Contract Compliance Programs (OFCCP) obtained a number of significant financial settlements with federal contractors. The OFCCP had selected these companies for routine audits of their affirmative action plans (AAPs) and found what it believed to be…

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Oct 06 2022
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 state of emergency to end October 31, 2022

Governor Jay Inslee has announced that he will end Washington’s declared public health emergency (PHE) due to COVID-19 (coronavirus) on October 31, 2022. As he previously announced, 12 health care related orders will end on October 27. The remaining COVID-19 emergency proclamations, including the state of emergency, will be rescinded at the end of the…

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Oct 06 2022
Wage and HourWashington

WASHINGTON: Minimum wage and exempt salary increase in 2023

The state of Washington has announced increases, effective January 1, 2023, in the minimum wage rate ad exempt salary thresholds for employees. If you are an employer in Washington or have Washington employees, you’ll want to be aware of how this wage increases impact state wage requirements. Additionally, Seattle and SeaTac are receiving an increase…

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Oct 06 2022
DisabilityWashington

WASHINGTON: New rules published on long-term care

The Washington Employment Security Department (ESD) published new rules last week for implementation of the WA Cares Fund, Washington’s new long-term care insurance program. Washington employers will remember that this fund was hastily “paused” by Governor Jay Inslee and the legislature in January, and then modified in the 2022 legislative session to delay the start…

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Oct 06 2022
Safety and HealthWashington

WASHINGTON: Fall protection rules updated

The Washington Department of Labor and Industries (L&I) has issued revisions to its unified fall protection rules, which take effect on November 1, 2022. The unified rules, originally published in 2020 (and reported here), merged all industry fall protection standards and aligned them with federal Occupational Safety and Health Administration (OSHA) standards. However, OSHA remained concerned…

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