Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
May
04
2023
WASHINGTON Q&A: DOT truckers exempt from state break rules
Question: Our truck drivers in Washington, hoping to make more money by completing more deliveries, recently said they don’t need to take mandatory rest and meal periods that comply with Washington law. Is that true? Answer: Surprisingly, yes, assuming the truck drivers you’re referring to are property-carrying commercial motor vehicle (CMV) drivers subject to…
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May
04
2023
DOL releases guidance on PUMP for Nursing Mothers Act
The U.S. Department of Labor (DOL) recently issued frequently asked questions and a fact sheet detailing employers' obligations under the newly enacted Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP for Nursing Mothers Act). As we previously reported, enforcement of this Act began on April 28, 2023. The PUMP Act…
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Apr
20
2023
OREGON: Changes likely to OFLA and Paid Leave Oregon
Employers should brace for likely changes to the Oregon Family Leave Act (OFLA) and Paid Leave Oregon (also called paid family and medical leave insurance, or PFMLI), which the 2023 legislature is considering in order to partially align the two laws. Normally we don’t report on proposed legislation because so much can…
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Apr
20
2023
WASHINGTON: End of COVID-19 National Emergency ends HELSA duties
On April 10, 2023, most COVID-19 (coronavirus) obligations for Washington employers were extinguished when President Biden signed legislation (H.J. Res. 7) that immediately terminated the national emergency related to the COVID-19 pandemic. Washington’s Health Emergency Labor Standards Act (HELSA) required employers to (1) report outbreaks to Washington’s Division of Occupational Safety and Health…
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Apr
20
2023
Q&A: Can I reuse old separation agreements?
Question: Has anything changed recently regarding separation agreements? We’re planning to eliminate a position and we want to offer severance pay. I have a separation agreement that was drafted a couple of years ago; can I just reuse that? Answer: No, please contact your Vigilant Law Group employment attorney for fresh language!…
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Apr
20
2023
Prepare for heat illness prevention, 4/21/23
As summer approaches, now is the time to review your safety plans for protecting workers from heat illness hazards. Cal/OSHA requirements depend on outdoor temperature thresholds; Oregon OSHA rules apply to indoor or outdoor work when the heat index reaches certain levels; and Washington's Department of Labor and Industries (L&I) requires heat…
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Apr
20
2023
Q&A: Set expectations for social media use to protect confidentiality
Question: I just found out that employees are using their personal cell phones at work to snap and share pictures, in response to randomly timed daily prompts from an app called “BeReal.” Our policy prohibits cell phone use during work time unless it’s necessary for the job. Our manufacturing employees are only allowed to…
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Apr
06
2023
NLRB general counsel weighs in on severance agreements
On March 22, 2023, the general counsel for the National Labor Relations Board issued an internal staff memo explaining how to apply the Board’s recent decision that the confidentiality and nondisparagement provisions in an employer’s severance agreements violated the National Labor Relations Act (NLRA). The general counsel is the agency’s top enforcement…
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Apr
06
2023
Q&A: Modified schedule may be ADA reasonable accommodation
Question: A full-time employee is scheduled to return to work after exhausting 12 weeks of medical leave under the federal Family and Medical Leave Act (FMLA). His doctor restricted him to a maximum of 25 hours per week for at least six months due to disability. Can I deny this…
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Apr
06
2023
Mandatory third-party background check notice updated
If you use a third party to conduct background checks, such as criminal history reports on applicants or employees, you’ll need to start using a revised “Summary of Your Rights Under the Fair Credit Reporting Act.” The Consumer Financial Protection Bureau (CFPB) announced the revisions in the Federal Register on March 20, 2023, but…
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