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Sep 07 2023
Labor Relations

NLRB decision makes union organizing easier

The National Labor Relations Board (NLRB) now requires employers to quickly file any challenges to a union’s demand for recognition, and if an employer commits an unfair labor practice (ULP) that would justify setting aside an election result in the employer’s favor, the Board will require the employer to proceed straight to bargaining with the…

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Sep 07 2023
Labor RelationsQ&ATermination & Resignation

Q&A: Do employees have a right to talk with customers about pay

Question: One of our customer service employees recently contacted a customer to enlist support for higher pay for themselves and coworkers. Can we discipline or terminate them for this conduct? Answer: Probably not. You cannot terminate a nonmanagement employee for engaging in a protected “concerted” (group) activity under Section 7 of the National Labor Relations…

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Sep 01 2023
Safety and HealthWorkers’ Comp

Fall Must-Haves: Preventing Injuries & Pumpkin Spice

Enjoying the fall season in the Northwest can be a delightful experience—stunning foliage, crisp air, and various seasonal activities. It’s the perfect time of year to not only check-in on our cozy attire and engage in fun festivities but also consider how the seasonal transition affects workplace conditions so you can proactively prevent workplace injuries….

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Aug 24 2023
Q&AWage and Hour

Q&A: Address shortened meal periods

Question: Nonexempt (overtime-eligible) employees normally get a 30-minute unpaid meal period, but we have a few people who choose to work through lunch or cut their meal period short. As long as it’s their choice, are we okay? Answer: Let’s start with federal law, but the final answer may be different depending on the state…

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Aug 24 2023
Leave LawsOregon

OREGON: Paid Leave Oregon bill addresses use of accrued leave

On July 13, 2023, Governor Tina Kotek signed into law a bill that makes numerous amendments to the Paid Leave Oregon statute, including clarification on the use of company-provided accrued paid leave. Effective on September 24, 2023, SB 913 removes language that indicated the use of any accrued paid leave to supplement Paid Leave Oregon…

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Aug 18 2023
WashingtonWorkers’ Comp

Top 3 complaints from Retro groups participants

When it comes to manufacturing Retro groups in Washington, employers have several to consider. They differ, often significantly, in terms of their service offerings and what they require of their members. While we typically focus on the positive aspects and numerous benefits of these programs, it’s important to acknowledge common concerns expressed by Retro participants…

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Aug 10 2023
Safety and Health

New OSHA rule requires more injury data from high-risk industries

The Occupational Safety and Health Administration (OSHA) recently announced a final rule that will require establishments with 100 or more employees in certain high-risk industries to electronically submit individual workers’ injury and illness data from their OSHA Form 300 (Log of Work-Related Injuries and Illnesses), and OSHA Form 301 (Injury and Illness Incident Report) to…

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Aug 10 2023
Safety and HealthTermination & ResignationWashington

Q&A: Light duty may not stop time loss exposure

Question: We had to terminate an employee who was working in a light duty position following his on-the-job injury. The Washington Department of Labor and Industries (L&I) awarded him time loss benefits, but we don’t understand why. Since he was working a light duty position when his job ended, shouldn’t that stop time loss exposure?…

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Aug 10 2023
DisabilityHiringWorkers’ Comp

Q&A: Make preemployment physicals useful and ADA-compliant

Question: We’re considering a preemployment physical process. What do we need to know to make sure we do things right? Answer: Glad you asked! Preemployment (post-offer) physicals are typically considered by employers who want to ensure candidates can perform the physical requirements of their job safely. In practice, we often see processes that begin with…

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Jul 20 2023
Q&A

Q&A: Archiving old policies and handbooks

Question: We just updated our employee handbook and distributed it to employees. Is there any reason to retain the prior version? Answer: Yes! HR should save a copy of every handbook or policy that is distributed to employees and clearly note the effective dates of each version. The company may be required to produce this…

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Jul 20 2023
Affirmative ActionHarassment & Discrimination

Q&A: Federal contractors still subject to affirmative action duties

Question: Now that the Supreme Court has ruled that the affirmative action programs at Harvard and the University of North Carolina are unconstitutional, what does this mean for the written affirmative action plans (AAPs) that we’re required to maintain as a federal contractor? Answer: From a legal standpoint, the decision has no impact on federal…

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Jul 20 2023
Affirmative Action

TikTok prohibited on devices used for work on federal contracts

In an interim rule that took effect immediately upon publication, new federal contracts will include a prohibition on having TikTok installed on any device used to fulfill the requirements of the contracts, including not only company-issued mobile devices but also employees’ personal mobile devices. The Department of Defense (DoD), General Services Administration (GSA), and National…

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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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