Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Jan
21
2021
Ninth Circuit decides definition of workweeks for FMLA entitlement
Employees who work a rotating schedule of one week on, one week off, may have their “off” weeks counted against their 12-week leave entitlement under the federal Family and Medical Leave Act (FMLA), according to the U.S. Ninth Circuit Court of Appeals. The court ruled on a dispute between the Department of Labor…
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Jan
21
2021
WASHINGTON: COVID-19 temporary worker housing rules updated again
On January 8, 2021, Washington’s Departments of Labor & Industries (L&I) and Health (DOH) again extended and modified existing COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. As a reminder, the larger framework for agriculture COVID-19 safety compliance in Washington continues to be Proclamation 20-57.1, and the implementing requirements for worksites, which we reported…
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Jan
21
2021
CALIFORNIA: Localities extend COVID-19 paid sick leave ordinances
A number of California cities and counties have extended their COVID-19 (coronavirus) emergency paid sick ordinances, or are preparing to do so in the coming weeks. Below is a list of ordinances that have already been extended, or may be extended soon. Oakland (city): The City of Oakland has extended its…
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Jan
21
2021
EEO-1 Report portal to open in April 2021
The portal for submitting EEO-1 Reports for the 2019 and 2020 calendar years won’t open until sometime in April 2021. Normally the portal opens each January, with a submission deadline of March 31. The Equal Employment Opportunity Commission (EEOC) didn’t open the portal for the 2019 submission, due to the COVID-19…
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Jan
21
2021
CALIFORNIA: Cal/OSHA updates COVID-19 workplace safety FAQs
On January 8, 2021, Cal/OSHA significantly expanded the FAQs for California’s emergency temporary standard addressing COVID-19 workplace safety. As we previously reported, the standard took effect on November 30, 2020, and will remain in effect until October 2, 2021. Some of the key clarifications are: Enforcement: Until February 1, 2021, Cal/OSHA will cite…
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Jan
21
2021
New form may be presented as part of an I-9 List A document
On January 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it’s replacing the sticker that it currently issues to extend the validity of Form I-551 (Permanent Resident Card, also called a “Green Card”). The sticker is being replaced with a revised Form I-797 (Notice of Action). Generally speaking, when a Green Card is…
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Jan
07
2021
Consolidated Appropriations Act brings changes for employers
President Trump signed the Consolidated Appropriations Act of 2021 into law on December 27, 2020. The enormous new law includes many separate parts, some of which have implications for employers. The highlights of the package include: An extension of the payback period for payroll taxes that employers had the option to…
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Jan
07
2021
Q&A: Pandemic precautions affect winter driving
Question: Should we consider any special driving precautions for employees in winter during the COVID-19 (coronavirus) pandemic compared to a “normal” winter season? Answer: Yes, this is an entirely new frontier of change, challenges, and struggle for many of us, and preparing for winter driving conditions may require a little more creativity. First and…
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Jan
07
2021
WASHINGTON: State will transition to regional reopening approach
Governor Jay Inslee has announced that Washington will move from a county to a regional reopening approach during the COVID-19 (coronavirus) pandemic, beginning on January 11, 2021. The “Healthy Washington — Roadmap to Recovery” plan divides the state into eight geographic regions and initially provides for two levels of reopening: Phase 1 and Phase 2.…
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Jan
07
2021
WASHINGTON: Updates coming to temporary worker housing rules
The existing safety rules for temporary worker housing (TWH) in the agriculture industry issued by Washington’s Departments of Labor & Industries (L&I) and Health (DOH) will soon be updated following their expiration on January 8, 2021. As a reminder, the larger framework for agriculture COVID-19 (coronavirus) safety compliance in Washington continues to…
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