Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Mar
29
2023
Individual Retros: Reduced refunds are likely under L&I’s proposed changes
The Department of Labor and Industries (L&I) has proposed changes to the insurance tables that will reduce refunds for more than 80% of individual retros in Washington state. Are you one of them? In our experience, most companies choose to participate in an individual retro for two primary reasons: They believe that they can…
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Mar
16
2023
WASHINGTON: Seattle is first to ban caste discrimination
Seattle has become the first city in the U.S. to include caste as a legally protected class for unlawful workplace discrimination. The Seattle city council voted on February 22, 2023, to amend the city law to ban caste discrimination in workplaces, housing, and public services. The new ban was signed…
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Mar
16
2023
OREGON Q&A: Track OFLA after workers’ comp claim is denied
Question: We have an Oregon employee who has been off work due to an injury for 10 weeks. The employee claimed that the injury was work related, so we didn’t count the time off under OFLA. But our workers compensation carrier recently denied the claim. Now that the claim isn’t covered by…
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Mar
16
2023
Healthcare masking to end April 3, 2023, in CA, OR, and WA
Wearing a mask in healthcare settings will no longer be required in California, Oregon, or Washington as of April 3, 2023. The announcements from the California Department of Public Health (CDPH), Oregon Health Authority (OHA), and the Washington Department of Health (DOH) all say that masks are still recommended, and…
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Mar
15
2023
Immediacy: Why your workers’ comp provider should be talking about it
What are 5 things you should you be hearing from your Retro or workers' comp provider? The first thing you should be hearing is the importance of immediacy. Why? In this short video, Dan Beaty, VP Workers’ Compensation explains: In claims, immediacy can mean the difference of hundreds or even thousands of dollars. Let's…
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Mar
02
2023
Evaluate classifications for employees paid a daily rate
In a recent decision from the U.S. Supreme Court, an employee who was paid on a daily rate basis and earned more than $200,000 annually was found to be nonexempt and therefore eligible to recover overtime under the federal Fair Labor Standards Act (FLSA). The employee was a “tool-pusher” on an offshore oil rig…
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Mar
02
2023
OREGON: OFLA eligibility returns to normal as health emergency ends
Oregon’s declared public health emergency due to RSV is set to expire at 12:01 a.m. on March 6, 2023, so eligibility for leave under the Oregon Family Leave Act (OFLA) will return to normal on that date. As we previously reported, Governor Kate Brown’s public health emergency declaration temporarily shrank the minimum…
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Mar
02
2023
Board invalidates confidentiality and nondisparagement clauses
The National Labor Relations Board recently ruled that confidentiality and nondisparagement provisions in an employer’s severance agreements with 11 employees were unlawful under the National Labor Relations Act (NLRA). The decision overturned a Trump-era decision which we previously reported, involving Baylor University Medical Center. The current Board wrote that “a severance agreement…
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Feb
16
2023
DOL addresses indefinite intermittent FMLA leave and remote work
The U.S. Department of Labor (DOL) recently addressed two important issues under the federal Family and Medical Leave Act (FMLA), approving indefinite intermittent leave due to a serious health condition and clarifying the work location of remote workers for FMLA purposes. Indefinite intermittent leave: The DOL issued an opinion letter stating…
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Feb
16
2023
COVID-19 benefits plan deadline extensions to end July 10, 2023
The Biden Administration recently announced that the COVID-19 national emergency and public health emergency will end on May 11, 2023, which means that starting 60 days afterward (July 10, 2023), various employee health plans will no longer be required to extend certain deadlines for plan participants and beneficiaries. This includes…
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