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CDC Revises Definition of "Close Contact," Expanding Scope of Employer Workplace Contact Tracing

If an employer learns that an employee infected with COVID-19 was at the workplace, the Centers for Disease Control and Prevention (CDC) and other public health authorities encourage or require the employer to identify other...more

OSHA Whistleblower Charges Surge During COVID-19: What Employers Can (and Should) Do to Prepare and Respond

Whistleblower charges alleging workplace safety retaliation have surged dramatically during COVID-19. Approximately 30 percent more charges have been filed with federal OSHA over the same period last year, according to a...more

California Passes Two New Important Workplace COVID-19 Laws: Workers' Compensation Presumption and OSHA-Related Reporting

On September 17, 2020, California Governor Gavin Newsom signed two laws creating new or expanded obligations concerning COVID-19—Senate Bill (SB) 1159 and Assembly Bill (AB) 685. These new laws will require employers to...more

OSHA Issues Guidance on Face Coverings, Surgical Masks, and Respirators in the Workplace

As the U.S. economy continues to reopen, many employers are faced with the need to select face protection for their employees. But not all forms of face protection are created equal, adding another potential layer of...more

OSHA Issues New Interim Guidance Regarding When Worker COVID-19 Infection Must Be Recorded as a Work-Related Illness

Most employers in the United States are required to keep an ongoing record of work-related injuries and illnesses, known as an "OSHA 300 log." While it is often obvious whether an injury is work-related, the nature of...more

Rolling Reopening: Planning for Employment-Related Issues

As we approach May 2020, many federal, state, and local slow-the-spread guidelines and stay-home orders are set to expire. Although some jurisdictions may extend their guidelines and orders, others may modify them to allow a...more

CDC Issues New Guidance for Seattle Area Businesses, Recommends Workplace Screening

The Centers for Disease Control (CDC) today issued new guidance for businesses in King, Pierce, and Snohomish Counties to help stem the spread of COVID-19. This guidance both reinforces previous advice about personal hygiene...more

Coronavirus: Key Tools in Employers' Safety and Health Toolboxes

As coronavirus strain 2019-nCoV continues to spread beyond China, including multiple confirmed U.S. cases, employers are faced with providing a safe and healthy work environment for their employees while avoiding accidental...more

WA Supreme Court: Public Accommodation Employers are Now Strictly Liable for Employees’ Discriminatory Conduct Toward...

Employers are liable for employees’ discriminatory conduct toward non-employees in places of public accommodation, such as restaurants, banks, hotels, medical providers' offices, and education facilities – even if the...more

Ninth Circuit Significantly Restricts Permissible Contents of FCRA Disclosure Forms – Gilberg v. California Check Cashing Stores...

Employers who use third party vendors to perform background checks regarding job applicants and current employees know that they must comply with the federal Fair Credit Reporting Act’s technical disclosure and authorization...more

OSHA Narrows Obama-Era E-Filing of Injury/Illness Data Reporting Requirements

On January 25, 2019, OSHA published a new reporting rule partially rescinding Obama-era regulations that required many employers to annually e-file detailed workplace injury records....more

Clarification of OSHA's Position on Workplace Safety Incentive Programs and Post-Incident Drug Testing

On October 11, 2018, OSHA issued interpretive guidance designed to "clarify" controversial language in the Preamble to the anti-retaliation provisions in the recordkeeping and reporting amendments adopted by the Obama OSHA...more

Employers Must Use New, Mandatory FCRA “Summary of Your Rights” Disclosure in Connection with Background Checks

As of September 21, 2018, employers that use third-party background checks – regulated as “consumer reports” under the federal Fair Credit Reporting Act (FCRA) – must add new terms to the form entitled “A Summary of Your...more

New "Ban the Box" Laws in Washington Take Effect June 2018

Washington is the latest state to pass a so-called “Ban the box” law that limits employers’ ability to use criminal background checks to screen applicants and employees....more

Employee Background Checks: Avoiding FCRA Liability When Conducting Due Diligence

Employers, understandably, want to know as much as possible about job candidates, and many look to background checks as a source of relevant information. Unfortunately, the laws governing employer use of background checks,...more

Seattle Secure Scheduling Proposed Rules - Public Comments Due by March 28, 2017

The Seattle Office of Labor Standards (“OLS”) has released proposed rules implementing the Secure Scheduling Ordinance. The Ordinance takes effect on July 1, 2017 and requires large retail and food service employers in...more

OSHA Postpones Enforcement of New Retaliation Provisions

The retaliation provisions of OSHA’s new “Improve Tracking of Workplace Injuries and Illnesses” rule are now scheduled to take effect on Dec. 1, 2016. OSHA states that the purpose of the rule is to intensify anti-retaliation...more

Seattle Secure Scheduling Ordinance Set to Take Effect July 1, 2017

On Sept. 19, 2016, the Seattle City Council unanimously passed the Secure Scheduling Ordinance, which applies to large retail and food service employers in Seattle. It requires these employers to provide employees with...more

Alert: Seattle City Council to Vote 09/19/16 on Employee Scheduling Ordinance

The Seattle City Council is expected to vote Monday, Sept. 19, 2016 on a highly controversial ordinance that would impose numerous and complex employee scheduling restrictions on certain Seattle businesses. Called the “Secure...more

Seattle’s Criminal Background Check Ordinance and New Rules Take Effect Nov. 1, 2013

Seattle’s new criminal background check ordinance goes into effect Friday, Nov. 1, 2013. In anticipation, the Seattle Office for Civil Rights (“SOCR”) recently issued rules implementing the new law. The ordinance restricts...more

Seattle City Council Enacts Controversial and Restrictive Criminal Background Check Ordinance

On June 10, 2013, the Seattle City Council passed an ordinance significantly restricting private employers’ ability to rely on criminal background checks to screen applicants for jobs in the City of Seattle. If Mayor McGinn...more

EEOC’s Tough Enforcement Stance Against Criminal Background Checks

Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion,...more

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