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

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Apr 04 2025
Wage and Hour

Q&A: Be careful with automatic lunch deductions

Question: We automatically deduct 30 minutes for meal breaks from our employees’ time records and a new payroll person is questioning this practice. Should we be concerned? Answer: You should think twice about any company practice that runs on autopilot, especially when it involves employee wages. Employers typically establish automatic meal break deductions to save…

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Mar 21 2025
Affirmative ActionHarassment & Discrimination

Fourth Circuit allows anti-DEI orders to proceed

On March 14, 2025, the U.S. Fourth Circuit Court of Appeals removed the temporary hold which we previously reported that a federal district court had placed on the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending…

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Mar 21 2025
Q&ASafety and Health

Q&A: Be prepared for an unannounced safety inspection

Question: A government safety and health inspector showed up to our company front office unannounced, asking to conduct a safety inspection of our plant. Can they do that? Can I ask them to reschedule to a more convenient time? What prompted their visit? Answer: Enforcement inspectors from federal OSHA or state safety and health agencies…

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Mar 21 2025
Employee ClassificationsWage and Hour

Q&A: Be prepared for lawsuit solicitation letters

Question: A few of our current and former employees received letters from a law firm suggesting they might be able to file a class action lawsuit against us because of allegations that we didn’t properly track work hours or comply with rest and meal period requirements. Can they do that? How should we respond? Answer:…

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Mar 20 2025
WashingtonWorkers’ Comp

Vigilant Claims Review? How does it work?

Q&A: What is a Vigilant claims review anyway? Curious what a Vigilant claims review is all about and what it can reveal? Great! Are you a Washington manufacturing or agribusiness looking to better understand your workers’ comp performance and uncover opportunities for improvement? If so, you’re in the right place. Let’s explore the claims review…

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Mar 07 2025
DisabilityHarassment & DiscriminationLeave Laws

Q&A: Obtain medical opinion to evaluate direct threat under ADA

Question: One of our production employees reportedly “blacked out” a few times last week. When I asked her about it, she said she has a seizure disorder, but she can work. Her job requires working with heavy machinery. Are we supposed to put her back to work and hope for the best? Answer: No, you…

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Mar 07 2025
HiringTermination & Resignation

Q&A: Take action to minimize liability for I-9 audits

Question: We’re concerned about the potential for increased enforcement if the government uncovers errors in our I-9s; is there anything we can do to reduce the likelihood of penalties if we’re audited? Answer: Yes, you can take proactive actions now to help make an audit by U.S. Immigration and Customs Enforcement (ICE) as painless as…

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Mar 07 2025
Affirmative ActionHarassment & Discrimination

Anti-DEI portions of Executive Orders on temporary hold

On February 21, 2025, a federal district court in Maryland issued a nationwide order that temporarily prevents the administration from enforcing the anti-DEI (diversity, equity, and inclusion) provisions in two of President Trump’s executive orders. One of the executive orders (issued on January 21) is Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity,…

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Feb 10 2025
Culture

Culture of Care Chronicles

Building a thriving business isn’t just about strategy—it’s about fostering a Culture of Care. In this white paper, we explore the key pillars that make care a driving force in the workplace, from embracing a caring mindset to sustaining it in the messy real world. Discover how a Culture of Care can transform your organization…

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Feb 10 2025
Wage and HourWashington

WASHINGTON: Low-wage workers could moonlight for competitor

The Washington Supreme Court recently ruled that employees’ duty of loyalty and any exceptions to worker mobility should be narrowly construed, so employers cannot restrict low wage workers from working a second job (even for a competitor) unless those restrictions are reasonable in light of the facts. As we previously reported, Washington employers’ ability to…

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Feb 10 2025
Safety and Health

Submit OSHA injury and illness data by March 2, 2025

March 2, 2025, 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) website. Here…

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Feb 07 2025
Affirmative ActionHarassment & Discrimination

Q&A: Take steps now to review DEI practices

Question: We understand the new administration is aiming to discourage diversity, equity, and inclusion (DEI) programs. As a private sector employer, what actions (if any) should we be taking? Answer: We recommend reviewing your current practices and policies and then seeking legal counsel to determine what adjustments to make. Important factors will include not only…

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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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