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Apr 04 2017
Harassment & DiscriminationTermination & Resignation

Female supervisor fired for sharing a stale cake will get her day in court

The supervisor, a single mother of seven, had worked for WinCo for 12 years. In that time, she was promoted to night-shift freight crew supervisor and had taken a leadership role on the safety committee. According to store practice, the supervisor was allowed to take stale cakes from the bakery cart to give to her…

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Mar 31 2017
Leave Laws

Employer should have asked for more information before denying FMLA leave

In this case, the employee’s grandfather raised him from before the age of four. The court faulted the credit union for failing to ask for additional information to determine whether his grandfather was a covered family member (Courtard v. Municipal Credit Union, 2nd Cir., Feb. 2017). Tips for Employers Refine Policy Definitions, Probe for Information…

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Mar 30 2017
WashingtonWorkers’ Comp

$200k-claim cost avoided by Vigilant retro member

It All Adds Up: Vigilant Saves Lumber Manufacturer More Than $200K in Workers’ Comp Claim When it comes to saving money with Vigilant’s Workers’ Comp Retro Group, it’s all about the numbers. And we have some pretty impressive ones to share from a recent case that involved one of our members, a Washington lumber manufacturer:…

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Mar 29 2017
Harassment & DiscriminationTermination & Resignation

Okay to terminate manager for violating behavioral contract

The employer initially decided to terminate the manager but then offered a behavioral contract in lieu of termination, to which the manager agreed. The contract forbade the manager to contact the employee in any manner. It also required the manager to “seek treatment for the types of inappropriate, uncomfortable, unwanted, persistent communications/behaviors [he] demonstrated” and…

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Mar 23 2017
DisabilityHarassment & DiscriminationHiring

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to perform the essential duties…

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Mar 23 2017
Affirmative Action

OFCCP posts more settlements on class member locator web page

The settlements resolved allegations uncovered by OFCCP during affirmative action audits of federal contractors. The purpose of the web page is to publicize these settlements and encourage affected individuals to come forward to claim their share of the money. Here are the highlights: AmeriQual Group LLC, a food processing company, will pay $325,532 to resolve…

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Mar 23 2017
Affirmative Action

Watch for heads-up letter from OFCCP

The CSALs are courtesy notices and not legally required, so the OFCCP has been inconsistent about mailing them; the last occurrence was two years ago. If you receive one of these letters, treat it as a golden opportunity to get your affirmative action house in order before the actual audit scheduling letter arrives. If Vigilant…

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Mar 07 2017
ImmigrationQ&A

Q&A: What to do if ICE contacts your business

Answer: ICE, the federal investigative arm of the Department of Homeland Security, typically would make contact with your organization by presenting an onsite warrant to search your premises, or by giving verbal or written notice of an audit of your I-9 forms. If ICE contacts you, inform your Vigilant employment attorney or other legal counsel…

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Feb 23 2017
Employee BenefitsLeave LawsOregon

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid sick leave to…

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Feb 22 2017
Leave LawsQ&A

Can an ex-employee who joined the military demand their job back?

A: Yes. Generally, former employees who have served in the US military have up to five years after entering the service to return to their former job. The right to reemployment is guaranteed under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), provided the eligibility requirements have been met. On top of that,…

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Feb 21 2017
HiringImmigration

Employer fined more than $109,000 for Form I-9 violations

Employment eligibility verification and immigration law: As an employer, have you ever done the following? (1) Stapled a copy of a new hire’s identification documents but didn’t actually fill out the Form I-9; (2) Didn’t complete a Form I-9 within three business days of hire; or (3) Didn’t retain I-9 forms for former employees more…

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Feb 20 2017
Safety and HealthWashington

Washington L&I expands reporting of motor vehicle accidents

Washington’s Department of Labor & Industries (L&I) has issued new rules stating that all work-related motor vehicle accidents that result in amputation, loss of an eye, in-patient hospitalization, or fatality must be promptly reported to the agency. Previously, L&I allowed an exception for accidents that occurred on a public street or highway, as long as…

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