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Jul 11 2023
WashingtonWorkers’ Comp

Learning from past workers’ comp claims – why it’s so important

We all know about claims from the past that linger, causing costs to rise for years. It’s easy to get in the habit of overthinking the numerous scenarios where things could have gone differently. But it’s far more valuable to extract the lessons learned from these claims, and use them to inform future strategies. This…

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Jul 06 2023
DisabilityHarassment & Discrimination

Undue hardship for religious accommodation must be substantial

The U.S. Supreme Court recently ruled that an employer who claims “undue hardship” as the reason for denying a worker’s request for a religious accommodation under Title VII of the Civil Rights Act must be able to show it would incur “substantial increased costs in relation to the conduct of its particular business.” This significantly…

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Jul 06 2023
Q&AWage and Hour

Q&A: Don’t ignore off-the-clock work

Question: We have a full-time, hourly employee who occasionally logs on to our network from his home computer after he’s left the office for the day. His supervisor has received emails from him after work hours but doesn’t respond to them until the next day. A few months ago, we told the employee he isn’t…

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Jul 06 2023
Labor Relations

NLRB returns to multi-factor test for independent contractor status

The National Labor Relations Board has returned to its traditional multi-factor test for determining independent contractor status, overruling its own 2019 decision that had focused mainly on the worker’s entrepreneurial opportunity (The Atlanta Opera, Inc., NLRB, June 2023). This test is important to properly classify workers because independent contractors are excluded from the organizing rights…

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Jul 06 2023
Uncategorized

EEO-1 Report portal to open in Fall 2023

On June 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) announced on the EEO-1 Report website that it is delaying until Fall 2023 the launch of the portal for covered employers to file their 2022 EEO-1 Reports. EEO-1 Reports are normally due on March 31 of the year following the snapshot date covered by…

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Jul 06 2023
Safety and Health

Address standing forklift under-ride hazards at your worksite

Stand-up forklifts have a unique and significant safety risk called under-riding. This occurs when the forklift operator, with forks trailing, backs into a storage rack with a crossbar slightly taller than the truck cab. If there is nothing to stop the forklift, the operator can be hit or crushed. This is what happened twice within…

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Jul 06 2023
Safety and HealthWashington

WASHINGTON: Updated heat illness rules effective July 17, 2023

Washington’s Department of Labor & Industries (L&I) recently updated its permanent rules that protect outdoor workers from heat exposure and illness, effective July 17, 2023. The outdoor heat exposure rules for general industry (which begin at WAC 296-62-095) were revised from WAC 296-62-09510 through 296-62-09560 and the rules for agriculture (which begin at WAC 296-307-097) were revised from…

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Jun 15 2023
Harassment & DiscriminationQ&A

Q&A: Offensive music in workplace subject to anti-harassment policy

Question: A new employee complained about the “vulgar” lyrics in songs playing on the warehouse radio. The shift supervisor usually chooses a local radio station, and nobody has a problem with it. Do we really have to monitor the content of background music we provide to employees to help make the day go faster? Answer:…

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Jun 15 2023
Labor Relations

Supreme Court says employer can sue union for damaging product

On June 1, 2023, the U.S. Supreme Court ruled that a Washington concrete company could sue a union in state court for destroying its product when the union called a strike as soon as the company’s trucks were loaded with wet concrete and dispatched to deliver it. At least 16 drivers reversed course and returned…

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Jun 15 2023
Safety and Health

Prepare for the 2023 wildfire season

Wildfire season is upon us, so you should have a plan to address and protect workers from wildfire smoke exposure. The U.S. Department of Labor (DOL) and Occupational and Safety and Health Administration (OSHA) recently released guidance urging employers to develop wildfire smoke plans to protect outdoor workers from exposure. Protective measures include frequently monitoring…

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Jun 15 2023
Safety and HealthWashington

WASHINGTON: More bills signed from 2023 legislative session

More bills from the 2023 legislative regular session have been signed into law by Washington Governor Jay Inslee. We previously reported on a number of newly signed bills from this session. Two additional bills of interest to employers are listed below. SSB 5217: Authorizes L&I to develop workplace ergonomic safety rules. Effective July 23, 2023,…

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Jun 01 2023
Drug and AlcoholQ&A

Q&A: Double-check the types of drugs you’re testing for

Question: My employee was acting in an unusual manner, so we tested them under our drug and alcohol policy. The test came back negative, but we still believe that the employee is under the influence of some type of substance. What should we do? Answer: In general, you should allow your supervisors to document unusual…

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