Compliance Stuff

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an implementation gameplan to help minimize legal risk and ensure the process goes as planned. Selection decisions should not run afoul of Equal Employment Opportunity (EEO) and other laws relating to employee terminations. Some initial considerations include the following: Selection Criteria.  Are there established criteria to assist in determining who will be laid off or terminated, e.g., performance reviews, job duties, position elimination, years of services/seniority? In other words, what are the non-discriminatory business reasons for the selection decisions? Is there contemporaneous documentation supporting the proposed selection decisions? In a unionized workforce, does the applicable collective bargaining agreement govern the criteria and process for layoff...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Washington Bill / Ordinance / Regulation Main Topic Summary Effective Date Washington Final Rule re Equal Pay and Opportunities Act (WAC 296-123)   Pay Equity Implements statutory amendments to the Equal Pay and Opportunities Act that extend protections to additional protected classes; clarifies and implements the state's pay range disclosure requirements and salary history inquiry prohibition. 7/1/2025 Washington HB 1308   Personnel Files Requires employers to provide a copy of a personnel file to an employee or former employee upon request; defines “personnel file.” 7/27/2025 Washington HB 1395 (SB 5531)   Healthcare Background Checks Requires fingerprint-based background checks for certain long-term care workers in certain circu...

Reductions in force and furloughs are on the rise. Recent layoff numbers are climbing. We’re seeing some of the highest monthly totals ever recorded. If your company is considering a RIF, thorough preparation is key. Identify and document the reason for the layoff and the criteria that will be used to select impacted employees. Determine whether there will be union notice and bargaining requirements. Review severance plans, employment agreements, and offer letters to assess separation entitlements. And don’t forget about the federal WARN Act and the 13 state mini-WARN Acts, which require as much as 90 days’ notice for some layoffs. Once selections are made, consider whether a statistical adverse impact analysis is needed to identify risks. Prepare Older Worker Benefit Protection Act disclosures. Establish a process for how to deal with employees on leaves and visas. And confirm timing of final pay and PTO payouts, which may vary from state to state. Finally, have a clear and consis...

Today’s blog addresses two significant technology related changes at GSA.  First, GSA’s rollout of its  Federal Acquisition Service (FAS) Catalog Program (FCP)  continues with minimal disruptions.  Second, reductions in IT staff are having an impact on GSA’s other, more established, tools. The FCP rollout is increasing in pace.  As a refresher, FCP is replacing GSA’s horribly outdated SIP program.   FCP is a web-based application, as opposed to the SIP desktop software.  It is more flexible, reliable, better integrated into other GSA tools ( e.g. , GSA Advantage and eMod), simpler, and provides access to GSA market research.  GSA is currently rolling FCP out to contractors with product catalogs and will move to service catalogs in FY2025.   We’ve received a lot of questions from clients regarding the onboarding emails, but very few questions once clients have begun the transition process.  In other words, the onboarding email is a little...

  If the Trump administration doesn’t get the number of resignations it’s hoping for through its “deferred resignation” program, agencies may have to prepare for the administration’s next possible move to reduce the size of the federal workforce: conducting reductions in force (RIFs) . But conducting a RIF is a much lengthier and more complex process than what the Office of Personnel Management is so far attempting to do through its deferred resignation program. The program was initially set to expire Feb. 6, but the offer has since been  put on hold  by a federal judge . In the meantime, federal employees at agencies such as the General Services Administration have been told that a  nonvoluntary RIF  is expected “shortly.” Ron Sanders, a former career federal executive, views the two efforts toward reducing the size of the federal workforce differently — with one being a “blunt instrument” and the other being a “scalpel.” “Reducing head count through separation...