Vigilant Blog

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

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Photo of Leila Duntley
Sep 01 2022
Harassment & DiscriminationLabor RelationsTermination & Resignation  

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order…

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Photo of Kara Craig
Sep 01 2022
Leave Laws  

Q&A: Consider history before denying leave due to improper request

Question: This morning an employee contacted his supervisor through Facebook to report that he can’t come to work for at least a week because he needs surgery. Our Family and Medical Leave Act (FMLA) policy clearly states that employees must follow the call-in policy and complete a leave request form. Can we…

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Photo of Karen Davis
Sep 01 2022
Affirmative ActionHarassment & DiscriminationWage and Hour  

OFCCP revises its directive on compensation analysis

On August 18, 2022, the Office of Federal Contract Compliance Programs (OFCCP) updated the pay equity directive it had published just five months earlier (which we reported here). OFCCP compliance officers will now follow Directive 2022-01 Revision 1 (Advancing Pay Equity Through Compensation Analysis) when conducting affirmative action audits of…

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Photo of Karen Davis
Sep 01 2022
Affirmative Action  

Federal contractors have until 9/19/22 to object to release of EEO-1

On August 19, 2022, the Office of Federal Contract Compliance Programs (OFCCP) published a notice in the Federal Register that an investigative reporter has filed a Freedom of Information Act (FOIA) request for EEO-1 Report data filed by federal contractors (including first-tier subcontractors) from 2016 through 2020. Federal contractors who don’t want…

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Photo of Jodi Slavik
Aug 18 2022
Safety and Health  

WASHINGTON: COVID-19 workplace rules extended

On August 4, 2022, the Washington Department of Labor and Industries (L&I) filed an emergency workplace safety rule to extend and slightly modify COVID-19 (coronavirus) reporting, notification, and personal protective equipment requirements. The new rule took effect immediately and expires on December 2, 2022. (We reported on the prior rule here, which expired on August 4,…

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Photo of Lorraine Amrine
Aug 18 2022
Q&AEmployee ClassificationsWage and Hour  

Q&A: Can we convert an employee into an independent contractor?

Question: Our employee is retiring soon, but we’d like her to finish a few projects after she retires. We don’t want to provide benefits, so we’d like to have her sign a contract saying she’s working as an independent contractor. Are we okay doing this? Answer: It’s unlikely that you’d be able to justify classifying your…

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Photo of Kara Craig
Aug 04 2022
Q&ADisabilityHarassment & Discrimination  

Q&A: Eliminating contact with a coworker unreasonable under ADA

Question: One of our employees requested a disability accommodation under the Americans with Disabilities Act (ADA). He suffers from anxiety and depression and his doctor recommended that he not have any interactions with a certain “hostile” coworker. Do we have to do this? Answer: Probably not, because courts generally don’t consider a request to avoid…

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Photo of Karen Davis
Aug 04 2022
Wage and Hour  

Q&A: Don’t share wage data with competitors

Question: Our maintenance people keep getting picked off by other local companies. I can’t decide whether to write them a nastygram to stop poaching our employees, or try to find out what they’re paying so we can set our wages higher. Any thoughts? Answer: As frustrating as this is, both of those approaches…

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Photo of Karen Davis
Aug 04 2022
Affirmative Action  

2022 VETS-4212 Report website open for filing

Covered federal contractors can now file their 2022 VETS-4212 Reports, which are due on September 30, 2022, to the U.S. Department of Labor. Filing is required for all employers with a single federal contract or subcontract worth at least $150,000. The VETS-4212 Report gives the federal government a snapshot of…

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Photo of Chris Edison
Jul 21 2022
COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity: The EEOC now says…

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