Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Jan
21
2021
CALIFORNIA: Cal/OSHA updates COVID-19 workplace safety FAQs
On January 8, 2021, Cal/OSHA significantly expanded the FAQs for California’s emergency temporary standard addressing COVID-19 workplace safety. As we previously reported, the standard took effect on November 30, 2020, and will remain in effect until October 2, 2021. Some of the key clarifications are: Enforcement: Until February 1, 2021, Cal/OSHA will cite…
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Jan
21
2021
New form may be presented as part of an I-9 List A document
On January 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it’s replacing the sticker that it currently issues to extend the validity of Form I-551 (Permanent Resident Card, also called a “Green Card”). The sticker is being replaced with a revised Form I-797 (Notice of Action). Generally speaking, when a Green Card is…
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Jan
21
2021
New executive orders address diversity training, LGBTQ+ protections
President Biden has rescinded President Trump’s controversial Executive Order 13950: Combating Race and Sex Stereotyping, effective immediately. As we previously reported, the order prohibited federal contractors from training employees on “divisive concepts” related to race and sex discrimination. Later we reported that a federal court issued a nationwide injunction that temporarily halted…
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Jan
07
2021
Consolidated Appropriations Act brings changes for employers
President Trump signed the Consolidated Appropriations Act of 2021 into law on December 27, 2020. The enormous new law includes many separate parts, some of which have implications for employers. The highlights of the package include: An extension of the payback period for payroll taxes that employers had the option to…
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Jan
07
2021
Q&A: Pandemic precautions affect winter driving
Question: Should we consider any special driving precautions for employees in winter during the COVID-19 (coronavirus) pandemic compared to a “normal” winter season? Answer: Yes, this is an entirely new frontier of change, challenges, and struggle for many of us, and preparing for winter driving conditions may require a little more creativity. First and…
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Jan
07
2021
WASHINGTON: State will transition to regional reopening approach
Governor Jay Inslee has announced that Washington will move from a county to a regional reopening approach during the COVID-19 (coronavirus) pandemic, beginning on January 11, 2021. The “Healthy Washington — Roadmap to Recovery” plan divides the state into eight geographic regions and initially provides for two levels of reopening: Phase 1 and Phase 2.…
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Jan
07
2021
WASHINGTON: Updates coming to temporary worker housing rules
The existing safety rules for temporary worker housing (TWH) in the agriculture industry issued by Washington’s Departments of Labor & Industries (L&I) and Health (DOH) will soon be updated following their expiration on January 8, 2021. As a reminder, the larger framework for agriculture COVID-19 (coronavirus) safety compliance in Washington continues to…
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Jan
07
2021
H-2A workers’ ability to switch employers is extended again
The Department of Homeland Security has again extended the temporary rule allowing certain employers to streamline the process of hiring foreign temporary and seasonal agricultural workers with H-2A status during the COVID-19 (coronavirus) public health emergency. As we previously reported, Homeland Security implemented the rule change at the beginning of…
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Jan
07
2021
Form I-9 remote inspection extended again, until January 31, 2021
The Department of Homeland Security has again extended its temporary relaxation of the standards for physically inspecting a new worker’s employment eligibility documents when completing the Form I-9. This is the sixth extension of the relaxed standard, which will now expire on January 31, 2021. As we originally reported, Homeland Security…
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Jan
07
2021
Court halts enforcement of executive order on diversity training
A federal district court has temporarily stopped the federal government nationwide from enforcing Executive Order 13950, Executive Order on Combating Race and Sex Stereotyping, to the extent that the order prohibits federal contractors from training their employees on “divisive concepts” related to race and sex discrimination and puts federal grantees at risk of…
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