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Mar 26 2018
Harassment & DiscriminationTermination & Resignation

Q&A: Layoff of only older workers raises concerns

Maybe. At first glance, it appears that the layoff may be targeting employees who belong to a protected category under the federal Age Discrimination in Employment Act (ADEA): age 40 and over. This doesn’t necessarily mean that the company’s decision is motivated by discrimination, but the outcome does invite closer scrutiny. Identify Objective Causes of…

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Mar 23 2018
Affirmative Action

OFCCP will allow opportunity for input before issuing Notice of Violation

The Office of Federal Contract Compliance Programs (OFCCP) has announced a change in policy that will allow federal contractors an opportunity to rebut preliminary findings of discrimination before the agency issues an official Notice of Violation. Directive 2018-01 instructs OFCCP staff to always give federal contractors a Predetermination Notice if the results of an affirmative…

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Mar 20 2018
Safety and HealthWashingtonWorkers’ Comp

Raise hazard awareness and reduce workplace accidents

What’s a good way to ensure that employees are aware of the hazards associated with an unfamiliar task or upset condition they are about to address? Card ‘em!   More specifically, have them complete a checklist of potential hazards and controls before they begin, along with assessing their own mental state. It’s a key tool…

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Mar 13 2018
CaliforniaTermination & ResignationWage and Hour

No extra OT owed for bonus based on % of earnings in California

An employer’s award of a bonus based on a percentage of overtime earnings didn’t require any extra overtime payments, ruled a federal district court in California. The decision illustrates how a dispute over 12 cents can literally turn into a federal case. During one particular workweek, an employee earned $4.745 in overtime. The employer provided…

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Mar 09 2018
Harassment & DiscriminationLabor Relations

NLRB attorney recommends dismissing Google engineer’s complaint

The National Labor Relations Board should dismiss a Google software engineer’s complaint that he was illegally fired for circulating an anti-diversity memo, according to an official opinion from a staff attorney in the Division of Advice for the Board’s Office of the General Counsel. You may recall that in August 2017, the media was abuzz…

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Mar 06 2018
WashingtonWorkers’ Comp

Vigilant uncovers tattoo business fraud, saves Retro Group member over $150K in red ink

Vigilant Exposes Workers’ Comp Fraud, Injured Welder Faces Charges for Covering Up Tattoo Business When it comes to sniffing out fraud in a workers’ comp case, Vigilant’s claims managers are as tenacious as bulldogs. When they see a red flag, they sink their teeth in and don’t let go. Take the recent case of a…

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Mar 01 2018
Affirmative Action

OFCCP to adjust compliance evaluation process in 2018

The Office of Federal Contract Compliance Programs (OFCCP) will “rebalance the agency’s mix of scheduling and conducting” affirmative action audits in Fiscal Year 2018, according to the newly released FY 2017 Financial Report from the U.S. Department of Labor (DOL). The report acknowledges that since 2009, the OFCCP gradually conducted fewer and fewer audits because…

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Feb 27 2018
Affirmative Action

Federal contractors: New corporate scheduling announcement letters released for 2018

Federal contractors, watch your mailbox for a corporate scheduling announcement letter from the Office of Federal Contract Compliance Programs (OFCCP). According to the agency’s website, 1,000 letters were mailed on February 1, 2018. The letters are a courtesy notice that a facility has been selected for an affirmative action audit to occur sometime in the…

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Feb 23 2018
Safety and HealthWashingtonWorkers’ Comp

Finger amputation leads to safety investigation; Washington manufacturer fined $92K

Hazardous moving machinery poses some of the most serious safety challenges to both workers and manufacturers. If a company overlooks or fails to monitor safety procedures, how can it expect its workers to safely operate dangerous equipment that could potentially cause severe injury? A company could face steep fines but workers risk much more—the amputation…

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Feb 14 2018
Q&AWage and Hour

Q&A: When employee attends voluntary training, is the time paid or unpaid?

A: The general rule with employees is that you must pay for the time spent in training, as required by the federal Fair Labor Standards Act (FLSA). However, you aren’t required to pay employees for the time spent in training if ALL of the following are true: (1) attendance is outside the employee’s regular working…

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Feb 13 2018
Safety and HealthTermination & Resignation

Q&A: What to do when a fired employee makes a threat on the way out

A: Employers have a legal obligation to provide a safe workplace for their employees. Unfortunately, workplace violence is a modern reality. Don’t write off a threat because you think the employee is simply venting his or her frustration at being fired. Refer to your workplace violence prevention program and procedures. You may need to secure…

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Feb 06 2018
Uncategorized

EEO-1 Reports due March 31, 2018

After more than a year off from filing annual EEO-1 Reports, covered employers must once again submit data on the race/ethnicity and gender of their workforce, sorted into 10 job categories. For many years, September 30 was the annual deadline, but the 2017 report was moved to March 31, 2018, as part of an Obama-era…

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