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Feb 04 2025
WashingtonWorkers’ Comp

Association and Retro Group Renewal

Confused by all the renewal notices at the start of the year? Many employers in Retro programs mistakenly believe that renewing their association membership locks them into their current Retro group. Let’s clear that up—and show you how this misunderstanding could cost you. Association Membership Renewals Explained Renewing your association membership keeps you connected to…

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Jan 28 2025
Affirmative ActionHarassment & DiscriminationHiring

President rescinds Executive Order 11246

On January 21, 2025, President Trump rescinded Executive Order 11246 (the race/ethnicity and gender portion of affirmative action compliance for federal contractors). This is a major change for federal contractors, who have been subject to the Executive Order since President Johnson signed it in 1965. Federal contractors have a 90-day grace period during which they…

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Jan 27 2025
ImmigrationQ&A

Q&A: Know what to do if ICE comes knocking

Question: With all the news about expected ramping up of immigration enforcement, what should we do if Immigration and Customs Enforcement (ICE) shows up at our workplace? Answer: If ICE agents arrive at your business without any warning, it’s important to know what legal parameters they must abide by, and your own obligations for complying…

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Jan 24 2025
Leave LawsWorkers’ Comp

DOL explains intersection of FMLA and paid family leave programs

The U.S. Department of Labor (DOL) recently published an opinion letter that says the federal Family and Medical Leave Act (FMLA) rules on “substitution” of paid leave don’t apply when an employee is receiving pay under a state or local paid family leave program. FMLA leave is unpaid, but the FMLA regulations allow employers to…

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Jan 24 2025
Uncategorized

DOL and DHS issue new guidance on H-2A farmworkers

The U.S. Department of Labor (DOL) has updated its guidance for H-2A visa applications in light of current legal challenges to the Farmworker Protection Rule (FPR), while the U.S. Department of Homeland Security (DHS) has adopted a new final rule that gives H-2A workers more flexibility and places greater burdens on H-2A employers. As we…

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Jan 10 2025
Wage and Hour

DOL returns to old definition of tipped workers

On December 17, 2024, the U.S. Department of Labor (DOL) rescinded its regulations that attempted to limit the percentage of work time and consecutive minutes tipped employees could spend on non-tip-producing work for purposes of tip credits under the federal Fair Labor Standards Act (FLSA). The DOL’s action was in response to a decision by…

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Jan 10 2025
Leave LawsTermination & Resignation

Be careful how you analyze FMLA leave to care for others

A finance manager who was denied the ability to take federal Family and Medical Leave Act (FMLA) leave to care for her seriously ill adult sister was given a second chance to show that her employer violated the law, following a U.S. Sixth Circuit Court of Appeals decision. The manager used five days of paid…

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Jan 03 2025
Safety and Health

OSHA cites employer after over-stacked pallets cause fatality

The federal Occupational Safety and Health Administration (OSHA) recently cited a tire facility for 12 violations and proposed $288,299 in penalties after a forklift operator was fatally struck by a falling pallet of industrial truck tires. According to OSHA’s citation and press release, the inspectors determined that the three-tier rack storage system’s vertical supports were…

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Dec 20 2024
Safety and HealthTermination & ResignationWage and Hour

Employee complaint to customer is protected confirms Fifth Circuit

The U.S. Fifth Circuit Court of Appeals recently confirmed that an employee’s complaints to an important customer about wages and working conditions for herself and her coworkers were protected under the National Labor Relations Act (NLRA). After she was fired, the National Labor Relations Board ruled that her comments to the customer both on LinkedIn…

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Dec 20 2024
Safety and Health

Fit requirements finalized for construction PPE

The U.S. Department of Labor has issued a final rule codifying proper fit requirements for personal protective equipment (PPE) in the construction industry. The new rules align the requirements for the construction industry with those for general industry. The changes are to the regulations at 29 CFR 1926.95(c) and state that employers must ensure all…

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Dec 20 2024
Q&ATermination & ResignationWage and Hour

Q&A: Know how to handle final paycheck for absent employee

Question: An employee stopped showing up for work, so we fired them for job abandonment. How do we get their final paycheck to them, and what are the time frames for doing so? Answer: The answer depends on state law, and even then it may not be clear-cut, which means you’ll need to weigh what’s…

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Dec 09 2024
Harassment & DiscriminationHiringSafety and Health

Pre-existing conditions do not invalidate a claim

Building on our recent article about the basic elements of claim validation in the Washington workers’ compensation system, let’s explore a subject that can be particularly frustrating for employers: pre-existing conditions. Understanding Pre-Existing Conditions in Workers’ Comp Pre-existing conditions can complicate the assessment of workers’ comp claims by worsening the severity of an injury or…

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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.

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