Economic & Labor
Economic & Labor

Finish strong: Best practices for employers

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December 22, 2025

As we flip the calendar, it’s a great time to take stock of your company’s record-keeping habits, especially when it comes to employees and contracted work. A little attention now can save you a lot of stress later. Government audits never come at a convenient time, so be kind to your future self and get ahead of it.

Keep employee information up to date

For employees, maintain up to date contact information for both current and former staff. Make sure it is organized in a way that lets you actually use it. Some government agencies expect employers to reach out to past employees, so having those records ready will save you scrambling.  Think about creating a file with contact information and years of employment so you can sort and utilize as needed. Having this at your fingertips is a smart move.

Stick to consistent hiring protocols

When hiring, stick to consistent protocols. That means verifying work history, contacting past employers, conducting drug screenings, confirming work eligibility, using behavior-based interview questions, validating certifications, and keeping an eye out for discrepancies. Just remember, Washington’s Fair Chance Act, prohibits most criminal background checks at application stage and employers must wait until after an initially determination of qualifications.  

When it comes to marijuana drug testing, Washington requires clear job postings for “safety-sensitive” jobs  - and construction can be a safety-sensitive job.  

Consistency protects you. The more uniform the process is, the easier it is to defend the decisions if needed. BIAW’s legal team, General Counsel Ashli Penner and Associate General Counsel Sydney Phillips are resources to all members for hiring and record-retention questions.  

Ditto for subcontractors & independent contractors

The same goes for subcontractors and independent contractors. Keep clear records and contracts so you can easily demonstrate compliance with the seven-part independent contractor test if LNI comes calling. If that means reviewing the contracts you already have or finally getting them in place, make it a priority. BIAW’s contract subscription service is a reliable resource if you need updated forms.

Be safe now, or sorry later!

Handling these tasks before you are up against a deadline with a state or federal agency will make life much easier. If the day comes when you get the classic call announcing an inspection, you will be ready instead of scrambling.