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

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Feb 11 2020
DisabilityDrug and AlcoholQ&A

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety. Answer: If your drug testing process had included the services of a Medical Review Officer…

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Feb 11 2020
WashingtonWorkers’ Comp

Part 1: Demystifying the black box of L&I’s Workers’ Compensation

Dear Washington Manufacturer, Vigilant’s most recent Retro plan year is projected to earn a 30% premium refund. This is the result of obsessing and hard work. Over the next several weeks, our team will begin to deconstruct achieving a 30% refund, beginning with this letter from me on demystifying the “Black Box of L&I’s Workers’…

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Jan 28 2020
HiringImmigration

Q&A: Don’t ask for more documents than I-9 requires

Question: Can our company demand specific documents we want a new hire to produce in order to verify identity and employment eligibility? Answer: No. Demanding that new hires show you specific employment verification documents can expose your company to liability for “documentation abuse.” It’s considered documentation abuse under the federal Immigration Reform and Control Act…

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Jan 28 2020
Leave LawsWashington

Washington Paid Family & Medical Leave poster and notice now available online

It’s a new year and Washington’s Paid Family and Medical Leave (WPFML) benefits are in full effect. The Washington Employment Security Department (ESD) closed out 2019 by publishing the new WPFML workplace poster required for all Washington employers. The poster must be displayed where you usually post other employment-related notices, such as in the breakroom…

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Jan 28 2020
Uncategorized

Department of Labor changes rules for joint employer status

The U.S. Department of Labor (DOL) recently announced changes to the rules for determining joint employer status under the Fair Labor Standards Act (FLSA). The new rules clarify what it means to be a joint employer under the FLSA, and list many helpful examples. The rules take effect March 16, 2020. The DOL discusses two…

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Jan 14 2020
Safety and Health

OSHA updates standards on amputation hazards in manufacturing

The Occupational Safety and Health Administration (OSHA) issued a directive on December 10, 2019, updating its National Emphasis Program (NEP) focusing agency inspections on amputation hazards in manufacturing industries. These updates don’t create any new requirements for employers but focus agency enforcement on these hazards. Among other steps, the directive allows area OSHA offices to…

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Jan 14 2020
Uncategorized

SECURE Act changes rules for retirement savings accounts

On December 20, 2019, President Trump signed the SECURE Act into law, changing some rules for certain types of retirement savings accounts, including 401(k) plans that many companies offer their employees. Before the SECURE Act (which stands for “Setting Every Community Up for Retirement Enhancement”), employers offering 401(k) plans could require their employees to work…

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Jan 14 2020
Safety and Health

Post your OSHA 300A by February 1, 2020

Ringing in the New Year reminds us that it’s time to finish completing the OSHA Form 300 (Log of Work-Related Injuries and Illnesses) and post the OSHA Form 300A (Summary of Work-Related Injuries and Illnesses) for the 2019 calendar year. Federal OSHA generally requires employers with more than 10 employees to keep a record of…

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Jan 02 2020
DisabilityQ&ATermination & Resignation

Q&A: Mandatory EAP referral doesn’t mean you perceived disability

Question: We have an employee who is acting strangely, including making paranoid comments about coworkers sabotaging her work. I investigated, but found no evidence to support her allegations. The employee continues to complain. Can we require her to contact our Employee Assistance Program (EAP) and attend any counseling sessions recommended by the EAP counselor or…

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Jan 02 2020
OregonSafety and Health

State OSHA agency fines employers $825,000 on tip from fire marshal

The Oregon Occupational Safety and Health Administration (Oregon OSHA) fined five employers in southern Oregon a total of $825,000 after a state fire marshal tipped off the agency about structural defects and other unsafe conditions in a building on the employers’ property. Several hemp producers in Josephine County, Oregon, used a 23,398-square-foot building to process…

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Dec 23 2019
Wage and Hour

Department of Labor updates “regular rate” rules

The U.S. Department of Labor (DOL) has updated its guidance on the “regular rate” requirements under the Fair Labor Standards Act (FLSA). Under the FLSA, employers must pay workers overtime of at least one-and-a-half times the “regular rate” for hours worked beyond 40 hours per workweek. The regular rate could just be a worker’s normal…

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Dec 23 2019
Leave LawsQ&AWage and Hour

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a holiday, and have used accrued…

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