Vigilant Blog

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

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Photo of Kandis Sells
Feb 02 2023
COVID-19Safety and Health  

WASHINGTON: COVID-19 temporary worker housing rules evolve

On January 14, 2023, the Washington Department of Labor & Industries (L&I)’s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the agriculture industry expired and were not renewed. While this means that the remaining emergency restrictions have been lifted, agricultural employers providing TWH must continue…

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Photo of Kara Craig
Feb 02 2023
Employee ClassificationsWage and Hour  

Minimum salary for noncompete agreements rises in 2023

Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their contracts remain legally enforceable at the time of separation from employment. Oregon: For valid noncompete agreements signed on or after January 1, 2022, the minimum gross…

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Photo of Karen Davis
Feb 02 2023
Affirmative ActionHarassment & Discrimination  

OFCCP releases new list of federal contractors it will audit

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative…

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Photo of Karen Davis
Jan 19 2023
Q&AEmployee ClassificationsWage and Hour  

Q&A: Using rounding in timekeeping may violate state law

Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the…

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Photo of Diane Buisman
Jan 19 2023
Safety and Health  

Machine guard violations lead to criminal charges

An Alabama manufacturer has pled guilty to willfully violating OSHA regulations stemming from the company’s practice of removing safety guards on a moving piece of equipment, which caused the tragic death of an employee. The company manufactured flat rectangular plastic sheets by feeding raw materials through large rollers, which often got…

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Photo of Chris Edison
Jan 19 2023
Q&AEmployee ClassificationsWage and Hour  

Q&A: Evaluate administrative exemption from overtime carefully

Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the…

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Photo of Karen Davis
Jan 05 2023
DisabilityHarassment & DiscriminationWage and Hour  

Federal law expands rights for workers who are pregnant or nursing

On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending…

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Photo of Lorraine Amrine
Jan 05 2023
Wage and Hour  

OREGON: No pay due for security screening time

The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for time spent in mandatory security screenings at the end of their shifts because the screening activity wasn’t integral and indispensable to their principal work activities. As we…

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Photo of Manish Gooneratne
Jan 05 2023
Safety and Health  

Safety Q&A: Prevent slips and falls in icy weather

Question: We’ve seen an uptick in slip-and-fall injuries recently, particularly in icy conditions. What can we do to prevent these incidents? Answer: Slips, trips, and falls continue to account for a large percentage of workplace injuries, so you’re wise to address the hazards before your employees suffer an injury. Outdoor incidents increase during the…

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Photo of Bryon Bailey
Jan 04 2023
Featured Worker’s CompSafety and HealthWorkers’ Comp  

Workers’ Comp Best Practices: Don’t wait to begin!

After a recent visit to my doctor, I was told in no uncertain terms that I needed to change my eating habits or potentially face some serious health consequences. Wow. Ok. Did I know that my diet was off track? Yes (sigh). So, why did it take the specter of…

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