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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Using rounding in timekeeping may violate state law

Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the regulations in…

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Jan 19 2023
Safety and Health

Machine guard violations lead to criminal charges

An Alabama manufacturer has pled guilty to willfully violating OSHA regulations stemming from the company’s practice of removing safety guards on a moving piece of equipment, which caused the tragic death of an employee. The company manufactured flat rectangular plastic sheets by feeding raw materials through large rollers, which often got tangled with plastic as…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Evaluate administrative exemption from overtime carefully

Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the risk to…

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Jan 05 2023
Safety and Health

Safety Q&A: Prevent slips and falls in icy weather

Question: We’ve seen an uptick in slip-and-fall injuries recently, particularly in icy conditions. What can we do to prevent these incidents? Answer: Slips, trips, and falls continue to account for a large percentage of workplace injuries, so you’re wise to address the hazards before your employees suffer an injury. Outdoor incidents increase during the winter…

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Jan 05 2023
DisabilityHarassment & DiscriminationWage and Hour

Federal law expands rights for workers who are pregnant or nursing

On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending bill, “Consolidated Appropriations Act, 2023.”…

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Jan 05 2023
OregonWage and Hour

OREGON: No pay due for security screening time

The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for time spent in mandatory security screenings at the end of their shifts because the screening activity wasn’t integral and indispensable to their principal work activities. As we previously reported, in…

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Jan 04 2023
Safety and HealthWashingtonWorkers’ Comp

Workers’ Comp Best Practices: Don’t wait to begin!

After a recent visit to my doctor, I was told in no uncertain terms that I needed to change my eating habits or potentially face some serious health consequences. Wow. Ok. Did I know that my diet was off track? Yes (sigh). So, why did it take the specter of bad health and medication to…

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Dec 15 2022
Employee BenefitsEmployee ClassificationsHiring

WASHINGTON: L&I policy addresses job posting requirements

The Washington Department of Labor and Industries (L&I) recently released a new Administrative Policy (ES.E.1) that provides guidance on new job posting requirements. As we previously reported, employers with 15 or more employees must include specific information on wages and benefits in all job postings beginning January 1, 2023. The Administrative Policy provides informal guidance…

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Dec 15 2022
Leave LawsWashington

WASHINGTON Q&A: Consider requiring WPFML documentation

Question: We have an employee on medical leave who applied for WPFML benefits, but the notice we received from ESD only provides a broad date range for the approved leave with no other information. How are we supposed to keep track of this? Answer: Consider requiring the employee to provide you with documentation of their…

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Dec 15 2022
Harassment & Discrimination

Employees have more freedom to discuss sexual harassment or assault

On December 7, 2022, President Biden signed the Speak Out Act (S. 4524), which invalidates any language in an agreement that prohibits individuals, including employees and independent contractors, from discussing potential future allegations of sexual harassment or assault. Some companies require workers to sign agreements that include nondisclosure or nondisparagement language. This language is usually…

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Dec 01 2022
Affirmative ActionHarassment & DiscriminationHiring

OFCCP kicks off 2023 fiscal year with settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced the following financial settlements with federal contractors, as the result of routine affirmative action audits. These are the first settlements to be announced during the agency’s 2023 fiscal year, which began on October 1, 2022. In each case, the company signed a conciliation agreement with…

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Nov 17 2022
Drug and AlcoholHarassment & DiscriminationSafety and Health

Follow these HR tips for holding holiday parties

With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so they don’t…

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