Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Feb
16
2023
DOL releases guidance on rest breaks and meal periods
The U.S. Department of Labor (DOL) recently released a Field Assistance Bulletin No. 2023-1 providing guidance on wage and hour topics related to employees who engage in telework, although the principles apply equally to onsite employees. It explains how you should ensure that workers who telework are paid properly under…
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Feb
09
2023
Are we there yet? Accident prevention journey vs destination
“Accident prevention is a journey, not a destination”. This saying is often heard from Vigilant’s own Safety Manager, Manish Gooneratne. He’s full of profound truisms, and this one has always been memorable. It’s also relevant in light of the good news I received last week. You might recall that in last month’s post on workers’ comp best practices, I…
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Feb
02
2023
WASHINGTON: COVID-19 temporary worker housing rules evolve
On January 14, 2023, the Washington Department of Labor & Industries (L&I)’s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the agriculture industry expired and were not renewed. While this means that the remaining emergency restrictions have been lifted, agricultural employers providing TWH must continue…
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Feb
02
2023
Minimum salary for noncompete agreements rises in 2023
Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their contracts remain legally enforceable at the time of separation from employment. Oregon: For valid noncompete agreements signed on or after January 1, 2022, the minimum gross…
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Feb
02
2023
OFCCP releases new list of federal contractors it will audit
On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative…
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Jan
19
2023
Q&A: Using rounding in timekeeping may violate state law
Question: We use a timekeeping system that rounds employees’ punches in and out to the nearest quarter of an hour. I recently heard this may be risky, but I thought federal law allows it? Answer: Both points are true: This practice may be risky under state wage and hour law, even though the…
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Jan
19
2023
Machine guard violations lead to criminal charges
An Alabama manufacturer has pled guilty to willfully violating OSHA regulations stemming from the company’s practice of removing safety guards on a moving piece of equipment, which caused the tragic death of an employee. The company manufactured flat rectangular plastic sheets by feeding raw materials through large rollers, which often got…
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Jan
19
2023
Q&A: Evaluate administrative exemption from overtime carefully
Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the…
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Jan
05
2023
Federal law expands rights for workers who are pregnant or nursing
On December 29, 2022, President Biden signed a bill that grants reasonable accommodation rights to pregnant workers and grants workers who are exempt from overtime the right to take breaks to express breast milk. Both provisions, which are actually separate laws, are tucked in the $1.7 trillion 2023 omnibus spending…
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Jan
05
2023
OREGON: No pay due for security screening time
The Oregon Supreme Court recently ruled that Oregon wage and hour law is consistent with federal law in not requiring employees to be paid for time spent in mandatory security screenings at the end of their shifts because the screening activity wasn’t integral and indispensable to their principal work activities. As we…
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