Vigilant Blog

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

Showing all recent posts

Photo of Dan Beaty
Mar 29 2023
Featured Worker’s CompWorkers’ Comp  

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…

Read More…
Photo of Kandis Sells
Mar 16 2023
Harassment & Discrimination  

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…

Read More…
Photo of Lorraine Amrine
Mar 16 2023
Leave LawsWorkers’ Comp  

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…

Read More…
Photo of Leila Duntley
Mar 16 2023
COVID-19Safety and Health  

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…

Read More…
Photo of Dan Beaty
Mar 15 2023
Featured Worker’s CompWorkers’ Comp  

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…

Read More…
Photo of Chris Edison
Mar 02 2023
Employee ClassificationsWage and Hour  

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…

Read More…
Photo of Lorraine Amrine
Mar 02 2023
Leave Laws  

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…

Read More…
Photo of Karen Davis
Mar 02 2023
Labor RelationsTermination & Resignation  

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…

Read More…
Photo of Kara Craig
Feb 16 2023
DisabilityLeave Laws  

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…

Read More…
Photo of Leila Duntley
Feb 16 2023
COVID-19Employee Benefits  

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…

Read More…