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 Even though many states have rescinded workplace COVID-19 requirements (and have also pared down previous isolation guidance for the general public), some employers still wonder what the guidelines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

Embracing a Caring Mindset, Part 1 Welcome back to an exploration of the transformational power of a Culture of Care. In this post, we dive into the first pillar that breathes life into this ethos, steering clear of a step-by-step guide and instead aiming to ignite meaningful discussion. At Vigilant, our commitment to cultivating a Culture of Care was born from our core value – “Others Before Self.” Our purpose in cultivating a Culture of Care is to authentically serve others knowing that our attitudes and behaviors are driving contributors to creating such a culture. The pillars are: The pill ..read more

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

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

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

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

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

              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