The U.S. Supreme Court has decided that employees who sue claiming their job transfer was discriminatory under Title VII of the Civil Rights Act only need to show they suffered “some harm” from the transfer, as opposed to “significant harm.” Title VII prohibits employers from discriminating against employees with respect to “compensation, terms, conditions, or privileges of employment” due to race, color, religion, sex, or national origin. In this case, a worker argued that she was transferred to another job because of her gender, which negatively affected the terms and conditions of her empl ..read more

The Equal Employment Opportunity Commission (EEOC) recently issued regulations and interpretive guidance to implement the Pregnant Workers Fairness Act (PWFA), which requires all employers with 15 or more employees to reasonably accommodate workers with known limitations related to pregnancy, childbirth, or related medical conditions. The regulations take effect on June 18, 2024 (89 Fed Reg 29096, April 19, 2024). As we previously reported, the PWFA took effect on June 27, 2023. The statute itself is relatively succinct, so the regulations and interpretive guidance provide important insights a ..read more

                The U.S. Department of Labor (DOL) published new regulations for the Fair Labor Standards Act (FLSA) that increase the minimum salaries required for white-collar workers who are exempt from overtime. The new regulations raise the exempt salary threshold as of July 1, 2024, and then again on January 1, 2025, as follows: Beginning July 1, 2024, the minimum weekly salary for exempt executive, administrative, and professional employees will rise to $844 per week (up from $684 per week). That works out to $43,888 annually (up from $35,568 ..read more

We’re workers’ comp experts and here are four things we’d never, ever ignore if we were an employer in Washington. Brandon Dion, CFO at Vigilant  |  Dan Beaty, VP Workers’ Comp at Vigilant Rising EMF/premiums. This probably indicates a systemic problem that requires attention. It could be due to a variety of factors such as an excess of compensable claims or poorly managed claims – we hear of this often. If your premiums keep rising, it’s crucial to inquire with your workers’ comp partner about the reasons and potential solutions. Hopefully, through these discussions, a viable data ..read more

                The Burien City Council recently passed an ordinance that establishes its own minimum wage. The rate applies to all nonexempt (overtime-eligible) employees physically working in Burien for employers with 21 or more full-time equivalent (FTE) employees in King County. The required minimum wage depends on the size of the employer. Beginning January 1, 2025, the minimum wage rates in Burien are: Level 1 employers (all employers, including franchisees, with more than 500 FTEs in King County or franchisors who employ more than 500 FTEs in th ..read more

The U.S. Supreme Court recently clarified that a worker’s job duties, not their employer’s business, determine whether they qualify as a transportation worker who is exempt from the Federal Arbitration Act (FAA). The FAA exemption frees such workers from the general rule under federal law that workers can be compelled to sign agreements to resolve future employment claims through arbitration rather than the court system. Class Action Filed Against Bakery Employer Over Wage Disputes The employer in this case included a parent company and two subsidiaries, which all produced and marketed package ..read more

Going Beyond the Ordinary: Part 4In our journey of Cultivating a Culture of Care, today we delve into the realm of “Going Beyond the Ordinary.” Cultivating a Culture of Care is a powerful testament to our commitment at Vigilant to authentically serve others, knowing that our attitudes and behaviors are driving contributors to creating a Culture of Care. It is a natural extension of our core value – “Others Before Self.” The pillars are: Embracing a caring mindset, part 1 and part 2; Practicing mindful caring; Going beyond the ordinary; and Sustaining a Culture of Care in the messy real world ..read more

On April 1, 2024, the Occupational Safety and Health Administration (OSHA) published a final rule that “clarifies” (in reality, expands) the rights of employees to authorize a representative to accompany a Compliance Safety and Health Officer during an inspection of their workplace. Federal law gives the employer and employees the right to authorize a representative to accompany OSHA officials during a workplace inspection. Previous regulations were unclear whether the worker representative had to be employed by the employer or have specific safety-related skills (such as an industrial hygieni ..read more

The Washington legislature’s regular session adjourned on March 7, 2024, and Governor Jay Inslee has signed several employment-related bills into law: SHB 1905 (pay equity): Expands Washington’s existing pay equity law beyond gender to also include membership in a long list of protected classes: age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a di ..read more

On March 1, 2024, the Centers for Disease Control (CDC) updated its COVID-19 isolation guidelines, removing the recommendation to isolate for 5 days, and instead recommending people treat COVID-19 (coronavirus) like any other respiratory illness. Even though many states have rescinded workplace COVID-19 requirements (and have also pared down previous isolation guidance for the general public), some employers still wonder what the guidelines recommend when an employee comes down with COVID-19. The CDC’s dedicated Respiratory Virus Guidance webpage describes how respiratory illnesses, including ..read more