Vigilant | Employment Counsel in WA, OR, and CA
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Vigilant counsels companies on employment issues across the Northwest and California. For a flat monthly fee employers can get unlimited legal advice from employment and labor attorneys and counsel from HR professionals and safety experts on employment matters.
Vigilant | Employment Counsel in WA, OR, and CA
6d ago
Governor Jay Inslee recently signed two bills impacting Washington workers’ compensation time-loss payments and stay-at-work reimbursements:
HB 1927: Allows injured workers who are unable to work for 7 days or more (instead of the current standard of 14 days or more) to receive time loss payments for the first 3 days of work missed due to their injury. The impact of this bill will ultimately increase the cost of time loss payments for employers, since many more injured workers will qualify for time-loss payments for the first 3 workdays missed after an injury. The effective date for this bill ..read more
Vigilant | Employment Counsel in WA, OR, and CA
6d ago
On March 13, 2024, Governor Jay Inslee signed SSB 5935, a new law that modifies and expands the definition of noncompetition covenants (noncompete agreements). We intend to report on any other bills of interest to employers that are signed from the 2024 Washington legislative session in a future newsletter.
Beginning June 6, 2024, the definition of a noncompetition covenant includes an agreement that directly or indirectly prohibits the acceptance or transaction of business with a customer. Existing law voids a noncompetition covenant unless the employer describes the terms in writing no late ..read more
Vigilant | Employment Counsel in WA, OR, and CA
6d ago
A federal district court judge in Texas has invalidated the National Labor Relations Board (NLRB)’s 2023 rule defining when two separate companies are actually joint employers for purposes of compliance with the National Labor Relations Act (NLRA). The judge issued the decision shortly before the rule was scheduled to take effect. The Board is expected to appeal.
The 2023 rule, issued by the Biden-era Board, broadly defined joint-employer status to include situations where one company has “reserved control” (the authority to control any term or condition of employment of another company’s emp ..read more
Vigilant | Employment Counsel in WA, OR, and CA
1w ago
In the fast-paced world of business, where competition can sometimes overshadow compassion, it’s easy to let business strategy take precedence over culture. As Peter Drucker said, however, “Culture eats strategy for breakfast.” At Vigilant we take these words to heart and invest heavily in creating a Culture of Care. It has become a way of life and a key driver of our success. In this series, I will delve into the profound impact of cultivating a Culture of Care and the pillars that give it life.
Others Before Self: A Guiding LightOur commitment to cultivating a Culture of Care was born from o ..read more
Vigilant | Employment Counsel in WA, OR, and CA
1w ago
As you know, L&I increased premiums for Washington employers in January by 4.9% on average. If you’ve attended one of our recent webinars, you know rate changes fall into the category of things outside of your control when it comes to workers’ compensation costs.
You might also recall the ridiculously busy but truthful graphic from our webinars, focused on factors employers can control to minimize costs.
Let’s explore the top strategies, or levers you can pull, to manage claim costs.
Ensure Robust Safety Counsel
Preventing claims is paramount for cost containment. Injury pre ..read more
Vigilant | Employment Counsel in WA, OR, and CA
2w ago
A federal district court in Texas recently delayed the effective date of the National Labor Relations Board (NLRB)’s revised joint employer rule until March 11, 2024. The new rule was originally scheduled to take effect on December 26, 2023, but we previously reported that the Board later delayed the effective date until February 26, 2024. The court’s order adds an additional 14 days to allow the court time to consider motions by the parties in a lawsuit challenging the rule (Chamber of Commerce v. NLRB, ED Texas, Feb. 2024).
Tips: As we&n ..read more
Vigilant | Employment Counsel in WA, OR, and CA
2w ago
The Oregon legislature has passed SB 1515, which makes major changes to the Oregon Family Leave Act (OFLA), and minor changes to Paid Leave Oregon (PLO), in an effort to eliminate the overlap between the two leave laws. The governor is expected to sign the bill. Most leaves that are currently covered by both OFLA and PLO will no longer be covered by OFLA, concurrent use of OFLA and PLO will no longer be allowed, and there will no longer be a combined OFLA-PLO cap on leave usage. Except as noted below, these changes take effect on July 1, 2024.
OFLA will only cover:
Sick Child Leave: To care ..read more
Vigilant | Employment Counsel in WA, OR, and CA
2w ago
QUESTION: Our Vigilant Washington workers’ comp claims manager asked us to provide a Supervisor’s Report of Accident after one of our employees was injured at work. I know our claims manager received all the information about the injury from the Washington Department of Labor and Industries (L&I), so why do they also need that information from us?
ANSWER:Claim validation and accuracy
The supervisor’s report includes the employee’s written statement, in their own words, about what happened; it also includes a marking of the injured body part ..read more
Vigilant | Employment Counsel in WA, OR, and CA
2w ago
Employers can no longer unilaterally stop collecting union dues when a collective bargaining agreement (CBA) expires, ruled the U.S. Ninth Circuit of Appeals. Under the National Labor Relations Act (NLRA), a union-represented employee can agree to allow their employer to deduct and remit union dues. In a case involving hospital employees, the CBA between the hospital and union expired. The hospital continued deducting dues for 13 months after the CBA expired, but then notified the union it would no longer continue doing so. After a multi-year back and forth between the National Labor Relation ..read more
Vigilant | Employment Counsel in WA, OR, and CA
1M ago
The U.S. Supreme Court recently ruled that employees alleging retaliation under the Sarbanes-Oxley Act (SOX) only have to show that their whistleblowing activity was a “contributing factor” in their employer’s adverse employment decision. SOX is a federal law that protects employees at publicly traded companies who report (internally or externally) what they reasonably believe to be criminal fraud or securities law violations.
A research strategist at a securities firm was responsible for reporting on the status of commercial mortgage-backed securities and certifying that his reports reflecte ..read more