Vigilant Blog

News, trends and analysis in employment law, HR, safety & workers' comp

Showing all recent posts

Photo of Kandis Sells
Jan 21 2021
Leave Laws  

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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Photo of Sean Brown
Jan 21 2021
COVID-19Safety and Health  

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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Photo of Diane Buisman
Jan 21 2021
COVID-19Leave Laws  

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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Photo of Karen Davis
Jan 21 2021
COVID-19  

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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Photo of Karen Davis
Jan 21 2021
COVID-19Leave LawsSafety and Health  

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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Photo of Jodi Slavik
Jan 21 2021
COVID-19Hiring  

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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Photo of Lorraine Hoffman
Jan 07 2021
COVID-19Leave Laws  

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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Photo of Manish Gooneratne
Jan 07 2021
Q&ACOVID-19Safety and Health  

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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Photo of Karen Davis
Jan 07 2021
COVID-19Safety and Health  

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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Photo of Sean Brown
Jan 07 2021
COVID-19Safety and Health  

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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