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Aug 28 2014
Vigilant NewsWashington

Vigilant Executive Briefing in Everett, Washington 10/21/14 – Register today!

Will the next year serve up rough seas or calm waters? In this Executive Briefing, you will receive key economic data to chart your course, a heads-up about the legal eddies to avoid, and an essential tool that will inspire your crew to pull in the same direction. The result? Smooth sailing for 2015. View…

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Aug 19 2014
Wage and Hour

Failing to pay for pre-shift meetings carries a $600K price tag

An oil company has agreed to pay $619,830 in back wages and overtime after investigators from the U.S. Department of Labor discovered the company failed to pay employees for mandatory pre-shift safety meetings that lasted 30 minutes. Because the time spent in these meetings benefitted the employer and was required, the employees should have been…

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Aug 14 2014
Drug and Alcohol

Rules finalized for small business health care tax credit

The IRS has published final rules explaining how eligible small employers may claim a partial tax credit for providing health insurance to their employees. To qualify for the credit, the employer must have 25 or fewer full-time equivalent employees (FTE), and the average annual wages of the company’s FTEs must be at or below a…

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Aug 12 2014
Disability

Telecommuting privileges can be an accommodation under ADA

An employee received the green light to sue his employer after the employer withdrew his telecommuting privileges and then fired him 30 days following his disclosure that he needed to work from home due to a social anxiety disorder. The logistics employee worked for his employer for three years and, after receiving positive reviews, was…

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Aug 06 2014
Vigilant News

How Vigilant Leadership Advantage empowered a safety manager to build trust with his peers

Michael Davis, Swanson Bark & Wood Products, was appointed to the position of Environmental Health and Safety Coordinator. New to this role and team, he needed to quickly advance his skills as a leader while building trust among his peers. Michael is responsible for managing the entire safety program, working directly with management, supervisors and…

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Aug 05 2014
Disability

EEOC issues controversial guidance on Pregnancy Discrimination Act

The Equal Employment Opportunity Commission (EEOC) has issued new enforcement guidance and questions and answers about the Pregnancy Discrimination Act (PDA), with a controversial twist. The guidance says employers must treat pregnant workers with limitations the same as other employees who are unable to perform their jobs without making a distinction based on the source…

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Aug 05 2014
Hiring

Clear documentation saves employer from age discrimination liability

Thorough documentation of job requirements recently helped an Oregon employer win an age discrimination claim. A 61 year old welder filed claims of age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA) after unsuccessfully applying for numerous higher paying welding positions with his employer, the U.S. Army Corps of Engineers. The final…

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Jul 30 2014
Disability

Annual fitness-for-duty exams generally not allowed

Q: We want to make sure our employees remain healthy and able to do their jobs. Can we require them to submit to an annual fitness-for-duty exam? A: No. Absent specific performance related concerns or an observable risk of harm, the Americans with Disabilities Act (ADA) prevents you from requiring that your employees submit to…

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Jul 17 2014
CaliforniaWage and Hour

CALIFORNIA: Minimum wage for exempt workers increased July 1, 2014

In order for a professional, administrative, or executive employee to be exempt from overtime in California, the minimum annual salary must be at least $37,440 as of July 1, 2014. This is a result of California’s new hourly minimum wage of $9.00 per hour. The minimum annual salary for exempt workers is calculated by multiplying…

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Jul 17 2014
CaliforniaLeave Laws

CALIFORNIA: More family members covered by paid family leave

Effective July 1, 2014, employees in California may take paid family leave to care for a grandparent, grandchild, sibling, or parent-in-law with a serious health condition. The change is the result of a new law that expanded the definition of eligible family members, which originally included only a child, parent, spouse, or registered domestic partner…

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Jun 30 2014
Affirmative ActionHiring

Electric company pays $1M to settle hiring discrimination claims

Following a random audit by the Office of Federal Contract Compliance Programs (OFCCP), federal contractor Lincoln Electric agreed to pay $1 million in back wages to African American applicants it rejected for entry level positions. The money will be shared by a pool of 5,557 people who unsuccessfully applied for factory and production jobs. The…

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Jun 24 2014
CaliforniaWage and Hour

Class action claim for final pay violations allowed to proceed

A former PetSmart groomer has been given the green light to proceed with her class action lawsuit alleging that PetSmart’s practice of paying departing employees with a prepaid ATM card was a violation of the California Labor Code. Section 212(a) of the code requires that employers pay wages that are “negotiable and payable in cash,…

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