Our Blog | Employment Counsel in WA, OR, and CA | Vigilant
Home » Blog

Vigilant Blog

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

Showing all recent posts

Jan 09 2015
Safety and Health

Revised OSHA reporting in effect; remember to display OSHA-300A summary Feb-April

As we previously reported, January 1, 2015, is the effective date for new rules requiring OSHA-covered employers to notify the federal Occupational Safety and Health Administration (OSHA) of in-patient hospitalizations, amputations, or loss of an eye within 24 hours of learning of a work-related injury. Fatalities must still be reported within 8 hours. Employers will…

Read More
Jan 06 2015
Q&A

If anti-harassment policy is broader than law requires, be prepared to enforce it

A: If you promise that you’ll provide greater anti-harassment protections than what the law requires, you need to be prepared to follow through. According to a recent federal district court decision in Connecticut, a promise to take disciplinary action regardless of whether the conduct violates the law could give employees the ability to bring a…

Read More
Dec 30 2014
DisabilityWashington

Collaboration and communication key to disability accommodation

An employee in a paper mill started to have uncontrollable vomiting when exposed to a variety of chemicals. The employee saw many doctors who provided various work restrictions. In response, the employer moved the employee to different locations in the mill, but the vomiting continued. Eventually the employer told the employee to stay home until…

Read More
Dec 22 2014
Leave Laws

Taking FMLA into Account Could Create Liability

The former employer claimed the reason for not considering her was that she had left an unprofessional voicemail with crying and profanity. She alleged that the voicemail was merely an inquiry into the status of the hiring process and not unprofessional at all. She claimed the real reason for rejecting her applications was her use…

Read More
Dec 19 2014
California

CALIFORNIA: Jury awards $185M for sex and pregnancy discrimination

A record-setting verdict for $185 million in punitive damages and $872,000 in compensatory damages has been awarded by a jury after finding that the employer had allowed sex discrimination to permeate the company. The jury heard the case in federal court and agreed that the female employee was treated less favorably than her male colleagues,…

Read More
Dec 16 2014
DisabilityQ&A

Essential functions of job may not be as clear as you think

Answer:  Be careful on this one; a court may have a very different perspective on whether the cleaning duties are an essential function of this job under the Americans with Disabilities Act (ADA). The Equal Employment Opportunity Commission (EEOC) says relevant factors could include: • your judgment as the employer; • written job descriptions prepared…

Read More
Dec 12 2014
Labor Relations

Alert: Employees may use company email for protected communications

The National Labor Relations Board decided yesterday that if an employer gives employees access to its email system in the course of their work, those employees are entitled to use their email to band together to discuss their wages, hours, and working conditions during non-working time. In other words, just as employees have historically been…

Read More
Dec 11 2014
Wage and Hour

Alert: Supreme Court says no pay for security screening time at Amazon warehouse

Warehouse workers who had to wait up to 25 minutes after their shifts to go through a security screening weren’t entitled to be paid for the time, ruled the U.S. Supreme Court on December 9, 2014. Time spent in tasks before or after a shift must be “integral and indispensable” to employees’ principal activities in…

Read More
Dec 10 2014
Employee BenefitsQ&AWage and Hour

State sponsored programs provide good options to avoid layoffs and furloughs

A: Possibly. Many states have programs in place for employers who need to reduce hours, providing lost wages to employees through partial unemployment while having almost no impact on the employer’s unemployment-insurance tax rate. These programs benefit employees because their lost wages are recovered, and it allows employers to keep trained and skilled staff during…

Read More
Dec 03 2014
CaliforniaLeave LawsQ&A

Choose the FMLA leave year wisely or you could be allowing double usage

A: Yes, if the employer is using the calendar or fixed year method of tracking leave under the Family and Medical Leave Act (FMLA). The calendar method uses January 1 through December 31 as the basis for the 12-month period, while a fixed leave year uses any fixed 12-month period (e.g. an employee’s anniversary date)….

Read More
Nov 13 2014
Drug and AlcoholQ&A

Can we provide nonprescription drugs in the workplace?

A: Yes, but it’s not recommended. Some employers believe that providing nonprescription medication to employees could potentially save on a large worker’s compensation claim because employees can self-help for medical issues rather than visiting a doctor. While that may occasionally be true, there is very little regulation regarding nonprescription medication in the workplace, so the…

Read More
Nov 10 2014
CaliforniaLeave LawsQ&A

How does California’s new sick leave law impact PTO policies?

A: Possibly, although you’ll likely need to make some changes. California recently became the second state in the country to require employers to provide paid sick leave (AB 1522), and many companies are left wondering whether their paid time off (PTO) policy will comply with the new law. The answer depends on the PTO policy;…

Read More

Is My Company Eligible?

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.

Release Form
Contact Us
Browse By Category
Browse By Topic
Filter By State
Get Our Newsletter
Sign Up Today
Connect With Us
Linkedin

Don’t Navigate Employment Issues On Your Own

Learn how Vigilant membership can help with your complex employment situations.
Get in Touch Today
Scroll to Top