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May 06 2019
Uncategorized

Class arbitration requires employer’s consent

The U.S. Supreme Court recently ruled that workers cannot force a company into class arbitration unless their arbitration agreement explicitly lists “class arbitration” as a way to resolve disputes, overturning a Ninth Circuit Court of Appeals decision. In this case, the worker signed a contract prepared by the employer that said the worker agreed to…

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Apr 30 2019
Wage and Hour

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019

Alert: 2018 EEO-1 Report pay and hours data due by September 30, 2019 September 30, 2019, is the deadline for employers with at least 100 employees to submit data via a soon-to-be-expanded EEO-1 Report on their employees’ hours worked and W-2 wages from 2018, a federal judge ruled yesterday. Here are the key points to…

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Apr 18 2019
Leave Laws

Q&A: Are remote employees who are out of state eligible for FMLA?

Question: We have a handful of remote employees who work out of their homes in other states where we don’t have offices or other employees. Can these employees ever be eligible for FMLA since we don’t have 50 or more employees within 75 miles of them? Answer: Yes, they may still be eligible for job-protected…

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Apr 02 2019
Wage and Hour

Technicality overturns 9th Circuit decision regarding use of prior salary

Due to a technicality, the U.S. Supreme Court recently threw out the Ninth Circuit Court of Appeals’ 2018 decision that barred employers from using prior salary history to justify paying employees less than their opposite-sex colleagues. The federal Equal Pay Act allows employers to explain pay differences between men and women performing equal work by…

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Mar 26 2019
Leave Laws

DOL says employers can’t delay designation of FMLA-qualifying leave

The U.S. Department of Labor (DOL) recently issued an opinion letter stating that employers must designate an employee’s leave as time off under the federal Family and Medical Leave Act (FMLA) if the leave is for an FMLA-qualifying reason. Vigilant previously reported that the Ninth Circuit Court of Appeals said an employee could decide to…

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Mar 12 2019
WashingtonWorkers’ Comp

Kept on Salary vs. Time Loss – Employer saves $67k

Vigilant Helps Save Employer $67K by Crunching the Numbers One of the surprising ways employers can save on a workers’ comp claim is to just go ahead and keep an injured worker on full salary (KOS) instead of depending on L&I to supplement wages. Washington, unlike most states, allows employers to pay wages while injured…

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Mar 08 2019
Harassment & DiscriminationQ&A

Q&A: Do we have harassment liability if a workplace relationship is consensual?

Answer: Yes, there are legal compliance concerns here that must be addressed before any employment action is taken. The employee’s complaints of harassment by coworkers and hostile treatment by the manager should be investigated thoroughly and promptly. Offsite or off-duty conduct can be illegal harassment if it has an effect in the workplace, so employers…

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Feb 21 2019
WashingtonWorkers’ Comp

Claims Management: The Case of the Out-Hustled Pool Hustler

Chalk Up $100K Savings to Vigilant Persistence Most employees who get hurt on the job just want proper medical treatment, fair compensation, and the chance to get back to putting in an honest day’s work. That’s what Vigilant is here for, to assist employers and employees with streamlining the entire return-to-work process. But every now…

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Feb 15 2019
Leave LawsTermination & Resignation

Consider FMLA even if not directly requested

In this case, a 15-year account manager with an automotive packing company was nearing retirement. He continued to work part-time while battling brain cancer, and received significant annual bonuses. Bonuses were measured based on calendar year performance, and required the employee to be employed during the first quarter of the following year. Twice he met…

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Feb 13 2019
Uncategorized

Q&A: Do we have to cut ties with a valuable employee who harassed someone?

Question: We have a manager who is great at keeping production on pace and running efficiently, but he has a hard time getting along with other people. He recently said some really inappropriate things to one of his employees. Normally we would terminate for this behavior, but he is our top performer; can we avoid…

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Feb 13 2019
Q&AWage and Hour

Q&A: Watch out for pattern of identical time card entries

Answer: Maybe. It makes sense, especially when trying to control your labor budget, to require approval of overtime work. However, under the federal Fair Labor Standards Act (FLSA), employers must pay an employee for any overtime worked, even when it wasn’t approved beforehand. Sometimes employees are reluctant to report any overtime worked, especially when the…

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Feb 13 2019
Uncategorized

OSHA eases up on safety incentives and post-accident drug testing

The guidance is based on federal regulations at 29 CFR 1904.35 which prohibit employers from discriminating against workers or firing them for reporting work-related injuries and illnesses. In its new announcement, OSHA retracted informal Obama-era guidance that took a strict approach in evaluating whether workplace safety incentives and post-accident drug testing might illegally discourage workers…

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