Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Apr
03
2020
IRS issues guidance on required documentation for FFCRA tax credits
The Internal Revenue Service (IRS) issued guidance for covered employers under the Families First Coronavirus Response Act (FFCRA) on how to claim federal tax credits for paid sick and family leave wages, including details on the documentation the IRS will require from employers to prove eligibility for the credits. As…
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Apr
03
2020
DOL issues rules on paid leave under FFCRA
On April 1, 2020, the U.S. Department of Labor (DOL) announced new regulations interpreting the paid leave provisions of the Families First Coronavirus Response Act (FFCRA), on which we previously reported. The rules provide further guidance on eligibility for the 2 weeks of emergency paid sick leave (EPSL) for six…
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Apr
03
2020
Check WARN Act requirements even for short-term layoffs
In light of the COVID-19 (coronavirus) pandemic, many companies are making difficult decisions about layoffs in the face of an uncertain future. Short-term layoffs don’t trigger the 60-day notice requirement under the federal Worker Adjustment and Retraining Notification Act (WARN Act), but if a layoff extends past six months, it could…
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Apr
03
2020
Arizona issues paid sick leave FAQs related to COVID-19
The Industrial Commission of Arizona has issued FAQs related to the effects of COVID-19 (coronavirus) on the state’s paid sick leave law. The FAQs confirm that a “public health emergency” currently exists due to Governor Ducey’s issuance of a Declaration of Emergency and an Executive Order on March 11, 2020, related to COVID-19. Among…
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Apr
03
2020
OREGON: BOLI clarifies temporary max hours for manufacturers
Earlier this week, we reported on a temporary rule that the Oregon Bureau of Labor and Industries (BOLI) adopted, permitting manufacturers of essential products to allow employees to work up to 91 hours in a workweek (13 hours per day times 7 days per week). BOLI adopted the rule to…
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Apr
03
2020
WASHINGTON: Order extended to May 4; business list updated
Last night Governor Jay Inslee extended his Stay Home – Stay Healthy order through May 4, 2020. The order, which was issued to slow the spread of COVID-19 (coronavirus), was originally in effect through April 6, 2020. The order prevents individuals from leaving home unless they engage in essential activities or…
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Apr
03
2020
COVID-19 safety podcast on social distancing in manufacturing available
The Vigilant safety team has recorded a 23-minute safety podcast with information on requirements and best practices for social distancing in a manufacturing environment. Give it a listen. Our safety professionals have been fielding many questions from Vigilant members on how to keep employees safe from potential exposure to COVID-19 (coronavirus) while…
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Apr
03
2020
Background check disclosure okay despite extra language
The U.S. Ninth Circuit Court of Appeals recently ruled that an employer complied with the stand-alone disclosure restrictions imposed by the federal Fair Credit Reporting Act (FCRA) despite adding minimal language about what the background check (“consumer report”) entailed, how it would be obtained, and how the information would be used for…
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Apr
03
2020
CALIFORNIA: Call-in scheduling triggers reporting time pay
The U.S. Ninth Circuit Court of Appeals recently ruled that California’s reporting time pay requirements extend to employees scheduled for “call-in” shifts even if they aren’t required to physically report to work. Workers at a retail store were required to call their manager 30 to 60 minutes before a scheduled shift to see if the store…
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Apr
03
2020
WASHINGTON: ESD proposes new rules for PFML
The Washington Employment Security Department (ESD) is asking for feedback by May 6, 2020, on proposed rules affecting the state’s Paid Family and Medical Leave (PFML) program. These proposals have nothing to do with the current pandemic or federal emergency leave benefits and are mostly minor technical changes. However, they do…
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