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News, trends and analysis in employment law, HR, safety & workers' comp

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Jun 19 2018
Leave LawsQ&AWage and Hour

Q&A: FMLA-required rest breaks generally not compensable under FLSA

Answer: Probably not under the FLSA, but check state law. Recently, the U.S. Department of Labor (DOL) issued an opinion letter addressing federal Family and Medical Leave Act (FMLA) required rest breaks and whether employers must pay for them under the federal Fair Labor Standards Act (FLSA). The answer depends on who predominantly benefits from those…

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Jun 13 2018
WashingtonWorkers’ Comp

Why Vigilant Retro, according to member Fabrication Products, Inc.

Why We Stay Vigilant: A few minutes with one of our Retro Group members. We recently asked the owner and president of Washington manufacturer, Fabrication Products, Inc.—a member for more than 17 years—what she thought about teaming with Vigilant. What made you decide to join the Vigilant Workers’ Comp Retro Group? We partnered with Vigilant…

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May 31 2018
WashingtonWorkers’ Comp

How to grade a workers’ comp retro group

Top 3 Questions You Should Ask When Evaluating a Retro Group Being part of a retrospective rating program is important for your business. The goal is to find a retro partner that matches the needs and culture of your company, is committed to helping you drive down your up-front premium costs, and boasts a great…

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May 30 2018
Harassment & DiscriminationHiringSafety and Health

New domestic violence law expands protections in Washington

Washington has significantly revised its Domestic Violence Leave law to prohibit discrimination against applicants or employees who are victims of domestic violence, sexual assault, or stalking. The new law applies to all employers as of June 7, 2018, and prohibits employers from: Refusing to hire an actual or perceived victim of domestic violence, sexual assault,…

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May 29 2018
CaliforniaHarassment & DiscriminationOregon

Brace for impact of pay equity laws

With Starbucks’ recent announcement that the company has achieved 100 percent pay equity by race and gender for U.S. workers performing similar jobs, most employers are left wondering how Starbucks got there—and how they can get there, too. The topic of equal pay continues to make headlines, and California, Oregon, and Washington are at the…

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May 25 2018
Harassment & Discrimination

Sexual harassment retaliation victim gets big verdict against her employer

A female police sergeant was awarded $350,000 in a retaliation claim when her employer transferred her 180 miles away after she complained of sexual harassment. The sergeant, who had worked for the police since 1987, had complained of unwanted sexual advances and a sexual assault by a co-worker. The investigation by the employer deemed the…

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May 25 2018
Harassment & DiscriminationLeave LawsQ&A

Q&A: Leave is last resort for pregnant worker with lifting restrictions

Answer: Not so fast. You should proceed with caution when an employee informs you she is pregnant and unable to do her regular job. First evaluate whether you are required by law or company policy to accommodate those limitations. State laws in California and Washington provide specific rights for pregnant workers to be accommodated. It’s…

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May 23 2018
HiringLabor Relations

ALERT: Supreme Court says new hires can waive class actions in arbitration agreements

The U.S. Supreme Court has ruled that employers may require new hires to agree that any employment disputes must be resolved by taking their claims to an arbitrator on an individual basis. The Court’s ruling allows employers to proactively prevent workers from later joining together to file class-wide lawsuits or arbitration claims, which can be…

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May 15 2018
Harassment & DiscriminationPrivacy & ConfidentialityWashington

New Washington laws limit harassment nondisclosure agreements

Washington Governor Jay Inslee has signed two new laws intended to encourage public disclosure and discussion of sexual harassment in the workplace. Both of these laws take effect on June 7, 2018. #1: Substitute Senate Bill 6313 Substitute Senate Bill 6313 makes an employment agreement void and unenforceable if it requires an employee to: (a)…

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May 15 2018
Drug and Alcohol

Q&A: Address employee’s failure to follow drug testing procedures

Answer: Possibly. Failure to follow established drug testing procedures can sometimes be a sign of an employee trying to evade or tamper with a drug test. For example, an employee who stops by their house along the way to the testing facility, fails to provide a sample without a valid medical reason, or offers a…

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May 11 2018
CaliforniaWage and Hour

California employers can’t rely on federal law to pay OT on flat bonus

The California Supreme Court has rejected federal law on overtime calculations for flat sum bonuses, ruling that state law requires a more worker-friendly calculation. An employer offered a flat bonus of $15 per day of weekend work for employees who worked a full shift on a Saturday or Sunday. Because a flat bonus effectively increases…

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May 09 2018
Q&ASafety and Health

Use a numerical rating system to prioritize safety in busy times

Because deficient safety processes are the underlying causes of accidents, it is important to administer the most critical ones effectively. Here’s how employers can prioritize safety objectives when under a time crunch: Create a weighted scale for “prevention” and one for “compliance” (1-5 for effectiveness at “prevention” and 1-3 for effectiveness at “compliance,” where 1…

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