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

Feb 13 2019
Uncategorized

Q&A: Do we have to cut ties with a valuable employee who harassed someone?

Question: We have a manager who is great at keeping production on pace and running efficiently, but he has a hard time getting along with other people. He recently said some really inappropriate things to one of his employees. Normally we would terminate for this behavior, but he is our top performer; can we avoid…

Read More
Feb 13 2019
Q&AWage and Hour

Q&A: Watch out for pattern of identical time card entries

Answer: Maybe. It makes sense, especially when trying to control your labor budget, to require approval of overtime work. However, under the federal Fair Labor Standards Act (FLSA), employers must pay an employee for any overtime worked, even when it wasn’t approved beforehand. Sometimes employees are reluctant to report any overtime worked, especially when the…

Read More
Feb 11 2019
WashingtonWorkers’ Comp

Don’t Fall for Workers’ Comp Scams

Vigilant Can Help Spot Fraudulent Claims That Might Slip by You When it comes to workers’ comp fraud, you’d be surprised at how far some people will go—and how far they get. Here are just a handful of uncovered activities by injured workers that in no way could be considered focusing on “healing up” post…

Read More
Feb 08 2019
Safety and Health

OSHA cites employer after forklift crushes employee during maintenance

A forklift maintenance procedure at a Kansas drywall contractor turned tragic when a hydraulic cylinder in the process of being swapped out fatally crushed an employee. The federal Occupational Safety and Health Administration (OSHA) recently issued a press release announcing that it had cited the company for seven serious safety violations, with proposed penalties totaling…

Read More
Feb 08 2019
Safety and Health

OSHA launches new inspection initiative based on 2016 data

Employers who reported high injury and illness rates in 2016, or who failed to report at all, will be targeted for inspections by the federal Occupational Safety and Health Administration (OSHA). Site-Specific Targeting The agency announced the directive, “Site-Specific Targeting 2016,” on October 16, 2018. States with their own safety programs, such as California, Oregon,…

Read More
Jan 18 2019
Disability

EEOC rescinds rules on wellness incentive limits for now

Effective January 1, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) has officially rescinded its regulations that allowed employers to offer wellness incentives of up to 30 percent of the cost of employee-only health coverage. As we previously reported a year ago, a federal district court determined that the EEOC didn’t have fact-based evidence to…

Read More
Jan 11 2019
Q&AWage and Hour

Q&A: Ensure proper pay for after-hours emails

Question: I have a dedicated, hard-working employee, a Production Lead, who always stays on top of their work, often checking and responding to work emails after hours but not recording the time. What is my obligation, if any, to pay them for this time? Answer: Your organization is potentially facing exposure for unpaid wages and…

Read More
Jan 02 2019
DisabilityEmployee BenefitsEmployee Classifications

Best practice idea: Follow up after making disability accommodation

One of our Vigilant members has implemented a best practice that we think is worth sharing: annual check-ins with employees who are receiving workplace accommodations under the Americans with Disabilities Act (ADA). Annual Check-In: What’s Involved The company sends the employee a letter each year, reviewing what accommodations have been made and asking: (1) whether…

Read More
Dec 20 2018
Harassment & DiscriminationPrivacy & ConfidentialityQ&A

Q&A: Know how to handle the aftermath of a harassment investigation

Answer: In this type of situation and environment, be mindful of potential retaliation. No matter how hard you try to keep the complaint and investigation process confidential, harassment complaints not only affect the employees directly involved, but tend to stir up tension within the workplace. Rights of Those Involved State and federal laws prohibit retaliation…

Read More
Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

Read More
Dec 14 2018
Harassment & Discrimination

Employer’s failure to stop harassment by customer leads to $250,000 jury award

A federal appeals court confirmed a jury award of $250,000 against a grocery store whose female employee was stalked by a male customer at work. The employer ordered the customer to avoid the employee, but failed to ensure the customer complied. For the next 13 months, the customer continued following the employee around the store…

Read More
Nov 02 2018
Uncategorized

Q&A: Pay equity analysis not a quick fix

Answer: You need to do a lot of homework before conducting a pay equity analysis. California, Oregon (as of January 1, 2019), and Washington have all revised their equal pay laws in ways that significantly increase employers’ potential liability for pay discrimination claims. Oregon’s law is particularly concerning because it takes into account 10 protected…

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