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Sep 15 2022
Affirmative Action

OFCCP extends deadline to object to EEO-1 release to 10/19/22

On 9/15, the Office of Federal Contract Compliance Programs (OFCCP) extended the deadline from September 19, 2022, to October 19, 2022, for multi-location federal contractors to object to the release of their EEO-1 Reports to a news organization. As we previously reported, an investigative reporter has filed a Freedom of Information Act (FOIA) request for…

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Sep 15 2022
Affirmative Action

Federal contractors get portal to report construction subcontracts

Federal construction contractors now have a one-stop option to comply with their obligation to notify the Office of Federal Contract Compliance Programs (OFCCP) within 10 business days of awarding a subcontract worth more than $10,000 for work on a federal or federally assisted construction project. The OFCCP recently launched the Notification of Construction Contract Award…

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Sep 15 2022
Safety and Health

WASHINGTON: L&I updates safety rules to protect temps

The Washington Department of Labor and Industries (L&I) recently issued new rules confirming existing workplace protections for temporary workers. The rules align with RCW 49.17.490, a Washington statute that already requires staffing agencies and worksite employers to comply with specific health and safety standards for temporary workers in manufacturing and construction industries. L&I’s rules (WAC…

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Sep 15 2022
Safety and Health

WASHINGTON: L&I updates agriculture pesticide safety rules

Washington’s Department of Labor & Industries (L&I) made minor changes to the existing agriculture pesticide safety standards found in WAC 296-307, which take effect on September 26, 2022. As a part of this process, L&I collaborated with the Washington State Department of Agriculture to ensure the existing rules met federal Environmental Protection Agency (EPA) requirements….

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Sep 15 2022
Labor RelationsSafety and Health

Q&A: Employees usually have right to display union insignia at work

Question: We have a dress code policy that requires production employees to wear either a plain t-shirt, or a t-shirt with the company logo. One of our employees came to work this morning wearing a t-shirt with the union logo. Can I require them to change? Answer: Probably not. The company cannot enforce a policy…

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Sep 01 2022
Harassment & DiscriminationLabor RelationsTermination & Resignation

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order can be an overwhelming…

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Sep 01 2022
Affirmative ActionHarassment & DiscriminationWage and Hour

OFCCP revises its directive on compensation analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of federal supply and service contractors…

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Sep 01 2022
Affirmative Action

Federal contractors have until 9/19/22 to object to release of EEO-1

On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that an investigative reporter has filed a Freedom of Information Act (FOIA) request for EEO-1 Report data filed by federal contractors (including first-tier subcontractors) from 2016 through 2020. Federal contractors who don’t want their data to…

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Sep 01 2022
Leave Laws

Q&A: Consider history before denying leave due to improper request

Question: This morning an employee contacted his supervisor through Facebook to report that he can’t come to work for at least a week because he needs surgery. Our Family and Medical Leave Act (FMLA) policy clearly states that employees must follow the call-in policy and complete a leave request form. Can we deny leave because…

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Aug 18 2022
Employee ClassificationsQ&AWage and Hour

Q&A: Can we convert an employee into an independent contractor?

Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying…

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Aug 18 2022
Safety and HealthWashington

WASHINGTON: COVID-19 workplace rules extended

On August 4, 2022, the Washington Department of Labor and Industries (L&I) filed an emergency workplace safety rule to extend and slightly modify COVID-19 (coronavirus) reporting, notification, and personal protective equipment requirements. The new rule took effect immediately and expires on December 2, 2022. (We reported on the prior rule here, which expired on August 4, 2022)….

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Aug 04 2022
Wage and Hour

Q&A: Don’t share wage data with competitors

Question: Our maintenance people keep getting picked off by other local companies. I can’t decide whether to write them a nastygram to stop poaching our employees, or try to find out what they’re paying so we can set our wages higher. Any thoughts? Answer: As frustrating as this is, both of those approaches could result…

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