Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Nov
17
2022
Q&A: Prioritize new hire safety
Question: One of our new hires suffered a serious injury to his hand at work. He was trained in the right procedure, didn’t follow it, and got injured as a result. What can we do differently? We’re really frustrated by the frequency of on-the-job injuries among our new hires. Answer: Safety orientations for new…
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Nov
17
2022
Follow these HR tips for holding holiday parties
With the widespread easing of COVID-19 (coronavirus) restrictions, our attorneys have been fielding a number of questions about resuming company holiday parties. Here are some recommendations to enjoy a fun celebration with coworkers without getting the company into trouble: Stay healthy: Tell employees to please stay home if they don’t feel well, so…
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Nov
17
2022
WASHINGTON: PFML rates to rise in 2023
As of January 1, 2023, the premiums will increase for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate will be 0.8 percent (up from 0.6 percent) of each employee’s gross wages (not including tips), up to a maximum of $160,200 (the 2023 Social Security cap). The split between employers…
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Nov
17
2022
Q&A: Occasional exceptions to call-in policy may be needed
Question: We have an employee who is using intermittent family leave, but on a number of occasions failed to call in 30 minutes prior to shift, which is required by our call-in policy. We have told the employee that if they fail to comply with the policy again, they will…
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Nov
03
2022
Q&A: Affirmative action ruling won’t affect federal contractors
Question: I understand the U.S. Supreme Court is considering a legal challenge to two universities’ race-based student admissions practices. If the Court strikes down these practices, how will it affect our affirmative action obligations as a federal contractor? Answer: It won’t, for many reasons. The universities’ alleged practices of considering race/ethnicity when selecting…
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Nov
03
2022
Time spent booting up computer compensable under FLSA
The U.S. Ninth Circuit Court of Appeals recently ruled that hourly call center employees were entitled to be paid for time spent booting up their computers at the beginning of their shifts. The employees worked in person at a call center for an appliance recycling company. Their principal duties were…
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Nov
03
2022
Q&A: Assess how to report PFML wages for multistate employees
Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical…
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Nov
03
2022
WASHINGTON: Public health emergency ends; some duties remain
Governor Jay Inslee ended the COVID-19 public health emergency for the state of Washington on October 31, 2022, but employers still have some obligations under state law. As we previously reported, the continuing requirements for COVID-19 (coronavirus) stem from Washington’s Health Emergency Labor Standards Act (HELSA) and from an ongoing obligation to…
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Oct
20
2022
Federal contractors settle significant OFCCP discrimination claims
Just in time before the close of the federal fiscal year on September 30, 2022, the Office of Federal Contract Compliance Programs (OFCCP) obtained a number of significant financial settlements with federal contractors. The OFCCP had selected these companies for routine audits of their affirmative action plans (AAPs) and found…
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Oct
20
2022
Termination & ResignationWage and Hour
OREGON: Owners and managers can be personally liable
The Oregon Court of Appeals recently ruled that a person making decisions on behalf of a business entity employer can be held personally liable for aiding, abetting, or inciting a violation of Oregon’s discrimination statutes. Two restaurant servers filed a class-action lawsuit alleging that their employer’s tip-pooling arrangement violated Oregon law. The…
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