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

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Jan 18 2018
Leave Laws

Supervisors can be held individually liable for FMLA violations

A federal district court in California recently ruled that supervisors can be sued individually for violations of the federal Family and Medical Leave Act (FMLA). The ruling means that supervisors could be independently responsible for damages, separate and apart from the employer’s liability. In reaching this decision, the court focused on the specific language in…

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Jan 17 2018
Harassment & DiscriminationHiringQ&A

Q&A: Can past lawsuits be a factor in hiring decisions?

Answer: Yes, if the past lawsuit is your reason for doing so. State laws in California, Oregon, and Washington protect both employees and applicants from discrimination and retaliation, including protection when they have opposed a discriminatory practice by complaining to a government agency or filing a lawsuit. The Washington State Supreme Court recently considered this…

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Jan 16 2018
Privacy & ConfidentialityQ&A

Q&A: Knowing who is authorized to receive your legal documents can prevent lawsuits

Answer: Maybe. The first step is to figure out who was formally served with the initial lawsuit documents, if anyone, and what happened to them from there. Every company is required to designate a specific “registered agent” who is authorized to receive service of legal documents on behalf of the company. Companies may also be…

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Jan 16 2018
Uncategorized

FLSA minimum wage compliance is based on workweek, not hour

The U.S. Ninth Circuit Court of Appeals recently ruled that minimum wage compliance under the federal Fair Labor Standards Act (FLSA) is based on the workweek, not the hour. Details of the Ruling Customer service employees at a call center earned different rates of pay depending on their tasks. The company used a workweek average…

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Jan 12 2018
Safety and HealthWashingtonWorkers’ Comp

Reducing workers’ comp premiums takes a team effort

Your company is probably paying thousands of dollars every year for workers’ compensation insurance through the Department of Labor & Industries. If you’re serious about reducing those expenses, then stop considering that annual premium to be just another cost of doing business. Focus on the things impacting those costs and you can reduce premiums and…

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Jan 10 2018
DisabilityTermination & Resignation

ADA accommodation may require showing rather than telling

ADA accommodation may require showing rather than telling An employee in Illinois will move forward to a jury trial on her disability discrimination claim alleging that her employer failed to provide a reasonable accommodation for her learning disability. Although supervisors told her how to complete her timesheets, the employee claims that she asked them to…

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Jan 08 2018
Employee BenefitsLeave Laws

Employee on military leave qualified for higher bonus upon return

A pilot who would have qualified for a higher pay grade had he not been on military leave should have received a bonus upon his return at the rate for the higher pay grade, ruled the U.S. Ninth Circuit Court of Appeals. The pilot (a union member) was selected by his employer to receive training…

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Jan 02 2018
Leave LawsWashington

Final rules released for Washington paid sick leave

Washington Paid Sick Leave: What To Know Effective January 1st, 2018, Washington state employers are now required to provide mandatory paid sick leave to all employees. The Department of Labor and Industries released the final rules addressing Initiative 1433, which mandates 1 hour of paid sick leave for every 40 hours worked, with no cap…

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Dec 15 2017
Harassment & DiscriminationQ&A

Q&A: Discrimination – yes, it’s still happening, and employers must take it seriously

The Answer: The key in these situations is to fight the temptation to minimize or disbelieve the complaint, and instead to address the issue head on with a reasonable investigation. Depending on the outcome of the investigation, take steps to ensure the behavior stops. It’s not unusual for employers to have a hard time believing…

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Dec 14 2017
Safety and HealthWashingtonWorkers’ Comp

Congratulations to Vigilant’s 2017 Safety Award Winners!

At Vigilant, we work with our Retro Group members to detect and correct workplace conditions that could result in injuries. But safety in the workplace goes beyond complying with regulations, writing safety manuals, and holding monthly meetings. The Vigilant Safety Awards recognize manufacturers who have gone above and beyond with their efforts and commitment to…

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Dec 12 2017
Safety and Health

No real winners in battle over intoxicated employee’s death after party

A New York appellate court recently ruled that a cancer treatment center wasn’t liable for the death of its 48-year-old employee who became extremely intoxicated at an annual department holiday party. The case serves as a sobering reminder, however, of the human consequences of a holiday event gone wrong. The party was organized by department…

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Dec 11 2017
Leave LawsWashington

Q&A: Front-loaded PTO policies create problems with Washington paid sick leave

The Answer: No, you will need to make changes to your carryover policy to comply with the law, and you may want to reconsider your front-loading approach. The Washington paid sick leave (WPSL) law allows the use of an existing paid time off (PTO) plan, provided it meets the minimum requirements including allowing carryover into…

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