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May 09 2018
Q&ASafety and Health

Use a numerical rating system to prioritize safety in busy times

Because deficient safety processes are the underlying causes of accidents, it is important to administer the most critical ones effectively. Here’s how employers can prioritize safety objectives when under a time crunch: Create a weighted scale for “prevention” and one for “compliance” (1-5 for effectiveness at “prevention” and 1-3 for effectiveness at “compliance,” where 1…

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May 09 2018
Harassment & DiscriminationHiringWashington

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal background”)….

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May 08 2018
Wage and Hour

9th Circuit says prior salary doesn’t justify pay differences under EPA

When setting wages for new hires, the Equal Pay Act (EPA) doesn’t allow consideration of prior salary, ruled the U.S. Ninth Circuit Court of Appeals. A female math consultant hired by a county school district sued when she discovered her male colleagues in the same position were earning more than she was. The county defended…

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Apr 18 2018
Workers’ Comp

Don’t let lack of temp training cost you workdays

More training and better screening of temporary workers could result in fewer lost workdays. That’s the gist of a recent study by the Washington State Department of Labor & Industries (L&I), which found lost-workday claims were twice as likely to be filed by temporary workers than by permanent employees. Temp workers filed 2.98 lost-workday claims…

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Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums without admitting liability….

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Apr 11 2018
Affirmative Action

OFCCP updates VEVRAA hiring benchmark effective March 31, 2018

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the hiring benchmark for veterans has dropped again, to 6.4 percent from 6.7 percent. The change took effect on March 31, 2018, which means that federal contractors with written affirmative action plan (AAP) dates on or after that date should begin using the 6.4…

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Apr 11 2018
Safety and HealthWashingtonWorkers’ Comp

OSHA citations upheld against fab shop that improperly rigged load from crane

A federal court of appeals has confirmed two serious citations from the federal Occupational Safety and Health Administration (OSHA) against a fabrication shop when a 5,000 lb. pipe assembly was improperly rigged to an overhead crane. A pipefitter in the shop was a journey worker with 12 years of experience. While the supervisor was in…

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Mar 29 2018
Harassment & DiscriminationQ&A

Q&A: Is your company at risk for workplace harassment?

Answer: First, take a look at your company culture. Are your leaders supporting the effort to create a harassment-free environment and modeling appropriate behavior? Are you holding all employees from the top down accountable? Workplace Harassment Risk Factors The U.S. Equal Employment Opportunity Commission (EEOC) has identified 12 risk factors for harassment in the workplace. Some…

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Mar 29 2018
Q&AWage and Hour

Q&A: Be realistic when promising employee bonuses

Answer: Yes. A court would likely find that the company has a contractual obligation to pay the bonuses. The company made an offer to pay a bonus if one condition is met: employment for three years. An employee accepts this offer by beginning performance, which in this case means working toward the three-year mark. Once the…

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Mar 28 2018
Wage and HourWashington

Washington Governor signs pay equity reform bill

On March 21, 2018, Washington officially joined the multitude of states tackling pay disparity as Governor Jay Inslee signed the Equal Pay Opportunity Act (Second Substitute House Bill 1506). The Act significantly expands Washington’s existing pay equity law for the first time since its adoption in 1943. Applying to all employers with at least one…

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Mar 28 2018
Uncategorized

Dodd-Frank whistleblowers protected only if they report to SEC

On February 21, 2018, the U.S. Supreme Court ruled that employees who report financial wrongdoing under the Dodd-Frank Wall Street Reform and Consumer Protection Act are protected from retaliation only if they make their reports to the Securities and Exchange Commission (SEC). The Supreme Court overruled a U.S. Ninth Circuit Court of Appeals decision on…

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Mar 27 2018
Q&AWage and Hour

Q&A: Be careful when considering a settlement for back wages

Question: We recently conducted a self-audit and discovered that we underpaid one employee for wages earned. If we pay her the past wages owed and ask her to sign something releasing us from liability, are we covered? Answer: No. Conducting self-audits can be helpful in identifying errors in your wage and hour practices and providing…

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