Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Sep
17
2020
DOL revises and reaffirms FFCRA rules
The U.S. Department of Labor (DOL) has issued four revised FFCRA rules, effective September 16, 2020, and updated its FAQs to reflect these revisions. These revised rules are in direct response to a federal court decision that invalidated the previous versions of these four DOL rules on August 3, 2020.…
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Sep
17
2020
WASHINGTON: COVID-19 temporary worker housing rules updated
On September 10, 2020, Washington’s Department of Labor & Industries (L&I) and the Department of Health (DOH) 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…
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Sep
17
2020
OREGON: OFLA sick child leave for school closures now permanent
Oregon’s Bureau of Labor and Industries (BOLI) has made permanent its rule that employees can use the Oregon Family Leave Act (OFLA)’s sick child leave provisions for leave to care for a child whose school or place of care is closed due to a statewide public health emergency. As we previously reported,…
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Sep
17
2020
CALIFORNIA: Bill expands COVID-19 PSL to all California employees
On September 9, 2020, Governor Gavin Newsom signed legislation (AB 1867) that ensures all California employees can take up to an additional 80 hours of paid sick leave for their own health concerns related to COVID-19, if they weren’t eligible for such leave under the Families First Coronavirus Response Act (FFCRA).…
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Sep
08
2020
The FFCRA and kids’ return to school: What you need to know
Just in time for fall school schedules, the U.S. Department of Labor (DOL) recently added three new FAQs on whether employees are entitled to take paid leave under the federal Families First Coronavirus Response Act (FFCRA) as schools reopen for in-person or virtual instruction. These new FFCRA FAQs (#98-#100) clarify that…
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Sep
08
2020
Form I-9 remote inspection extended again, through September 19, 2020
The federal Department of Homeland Security has again extended its temporary relaxation of the standards for physically inspecting a new worker's employment eligibility documents when completing the Form I-9. This is the fourth 30-day extension of the relaxed standard, with the new expiration now September 19, 2020. As we originally reported, Homeland Security relaxed the requirement for…
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Sep
08
2020
Homeland Security extends H-2A ability to switch employers
To prevent potential food shortages related to COVID-19 (coronavirus), the Department of Homeland Security has extended its authorization for foreign temporary and seasonal agricultural workers validly in the United States in H-2A status to switch employers as soon as the new employer submits its own H-2A petition. The workers therefore don’t have…
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Sep
08
2020
CALIFORNIA: Sonoma County latest to enact emergency EPSL
On August 18, 2020, Sonoma County was added to the list of California localities to enact supplemental emergency paid sick leave (EPSL) related to COVID-19. The urgency ordinance took effect immediately and is set to expire on December 31, 2020 (unless extended), expanding EPSL to employees working in the unincorporated…
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Sep
03
2020
WASHINGTON: Interpretive guidance updated for ag COVID-19 safety
On August 28, 2020, Washington Governor Jay Inslee released updated interpretative guidance accompanying the current COVID-19 safety requirements for agriculture on which we recently reported. Washington’s employers in the agriculture industry have endured a steady stream of additional requirements and changes around COVID-19 (coronavirus) safety. The good news is the new…
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Aug
20
2020
Q&A: Establish a policy on political speech on clothing
Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in…
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