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

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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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Dec 05 2017
Drug and AlcoholSafety and Health

Think twice when conducting post-accident drug testing on employees

Our Answer: It could be risky if you don’t first assess whether the employee’s actions could have been a contributing factor in the accident. Regulations from the federal Occupational Safety and Health Administration (OSHA) say that a blanket or automatic rule which requires testing after every accident or injury will improperly discourage employees from reporting…

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Nov 30 2017
IdahoOregonSafety and Health

ALERT: OSHA extends electronic filing deadline to December 15, 2017

The federal Occupational Safety and Health Administration (OSHA) recently announced that it is postponing its December 1, 2017, deadline for electronic filing of summary injury and illness data, to December 15, 2017. OSHA’s electronic reporting requirement currently applies to employers in Idaho, Oregon, and Montana. Employers in California and Washington don’t have to worry yet…

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Nov 28 2017
Harassment & DiscriminationQ&A

Q&A: When does “creepy” cross the line into sexual harassment?

The Answer: Employers have a duty to investigate and take prompt action to address harassment in the workplace. In this instance, you have a report of behavior that could potentially create a hostile work environment, so it warrants some follow-up. Harassment investigations can mean something other than the formal process of taking witness statements, gathering…

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Nov 27 2017
Harassment & DiscriminationHiringOregon

Oregon BOLI won’t enforce salary history bill until 2019

According to email correspondence with officials at BOLI, the agency ultimately determined that the new law doesn’t grant enforcement authority until January 1, 2019. The salary history provision was contained in one section of the Oregon Equal Pay Act (HB 2005), which also greatly expanded employers’ potential liability for pay differences among employees performing “comparable”…

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Nov 21 2017
DisabilityQ&ASafety and Health

Q&A: Accommodate for Questionable Religious Belief?

Answer: The answer depends on whether you can accommodate the employee’s religious belief, not on whether his belief is “correct” according to any particular interpretation. Title VII of the Civil Rights Act requires employers to reasonably accommodate an applicant’s or employee’s sincerely held religious beliefs, unless it would cause an undue hardship to the business….

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Nov 20 2017
Uncategorized

Why Vigilant Retro? Cutter & Buck’s HR Manager tells us why, part 2

“I Really Appreciate the Whole Package” Part 2 of a conversation with Andrea McAuliffe, HR manager at Cutter & Buck, talks about her experience with Vigilant’s workers’ compensation Retro program How has your experience been with the safety side of the Vigilant Retro program? When I started at Cutter & Buck several years ago, I…

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Nov 20 2017
DisabilityLeave LawsQ&A

What to do after an employee’s FMLA leave expires

Answer: Not so fast! When an employee takes leave under the federal Family and Medical Leave Act (FMLA) for their own serious health condition, there are other issues to consider if the employee can’t return at the end of 12 weeks. Overlapping laws may prevent you from terminating the employee, such as the Americans with…

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Nov 08 2017
Safety and HealthWashingtonWorkers’ Comp

Why Vigilant Retro? Cutter & Buck’s HR Manager, Andrea, tells us why

Claims Support, Safety & Employment Law Part 1 of a conversation with Andrea McAuliff, HR manager at Cutter & Buck, about her experience with Vigilant’s workers’ compensation Retro program   Why does Cutter & Buck participate in Vigilant’s Workers’ Compensation Retro Group? First of all, we get great support from Vigilant and second, the complexity…

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Nov 08 2017
Leave LawsWage and HourWashington

How does Washington’s paid sick leave law apply to truck drivers?

A: No, there isn’t an exemption from Washington’s paid leave law for truck drivers. The definition of employee in Washington’s minimum wage act is what controls when it comes to which employees are covered by the new paid sick leave requirements and there’s no exemption for truck drivers. This means you’ll need to comply with…

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Nov 07 2017
Oregon

OREGON Q&A: What happens when Veterans Day falls on a Saturday?

Answer: No, Oregon law requires only that you provide the actual day off if requested, but doesn’t require you to observe Veterans Day at a different time if the holiday otherwise falls on a non-working day. Since November 11 falls on a Saturday this year, you wouldn’t need to grant the employee a different day…

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If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

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