Vigilant Blog
News, trends and analysis in employment law, HR, safety & workers' comp
Dec
16
2021
CMS vaccine mandate back in effect for states that didn’t sue
On December 15, 2021, the U.S. Fifth Circuit Court of Appeals issued a ruling that reinstates the COVID-19 (coronavirus) vaccine mandate by the Centers for Medicare & Medicaid Services (CMS) in states that didn’t participate in lawsuits challenging the mandate. As a result, many health care employers in California, Oregon, and…
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Dec
16
2021
WASHINGTON: State extends rules for reporting COVID-19 outbreaks
The Washington Department of Labor and Industries (L&I) has issued a replacement emergency temporary rule, which is identical to the rule we previously reported, regarding employer reporting and notification requirements for infectious and contagious diseases during a public health emergency, including the COVID-19 (coronavirus) pandemic. The original rules were set to…
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Dec
16
2021
CALIFORNIA: Masks required indoors regardless of vaccination status
On December 13, 2021, the California Department of Public Health (CDPH) issued an order requiring people to wear masks in all indoor public settings from December 15, 2021, through January 15, 2022, regardless of whether they’re vaccinated against COVID-19 (coronavirus). The new order temporarily overrides the exception in Cal/OSHA’s COVID-19 emergency temporary…
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Dec
16
2021
WASHINGTON Q&A: Pay door-to-door for out-of-town travel
Question: We have a non-exempt (hourly) employee in Washington who’s going to be traveling out of town for work. What travel time hours do they need to be paid for? Answer: The safest approach is to pay the employee door-to-door (from their home to the out-of-town destination and from the out-of-town destination back…
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Dec
16
2021
Foreign workers crossing U.S. borders will have to prove vaccination
According to the Department of Homeland Security, sometime in January 2022, foreign workers seeking to enter the U.S. through ports of entry on land or at ferry terminals will have to show proof of vaccination against COVID-19 (coronavirus). Currently, workers engaged in essential travel, such as truck drivers transporting commercial…
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Dec
16
2021
Security services contractor to pay $1,175,000 after OFCCP audit
AlliedBarton Security Services LLC agreed to pay $1,175,000 in back pay and interest to resolve allegations of pay discrimination uncovered during a routine affirmative action audit by the Office of Federal Contract Compliance Programs (OFCCP). The OFCCP found pay disparities based on race and gender among employees in unarmed security…
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Dec
07
2021
ALERT: Nationwide hold placed on federal contractor vaccine mandate
On December 7, 2021 a federal district court in Georgia issued a nationwide order prohibiting enforcement of the federal contractor COVID-19 (coronavirus) vaccine mandate until a full hearing can be held. A coalition of states, governors, state agencies, and a construction industry trade association had sued to stop the federal…
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Dec
02
2021
OSHA vaccine mandate for employers with 100+ workers still on hold
Employers with 100 or more employees remain in limbo while awaiting a federal appeals court decision on the fate of OSHA’s regulation requiring workers to either be vaccinated against COVID-19 (coronavirus) or tested weekly. As we previously reported, the U.S. Fifth Circuit Court of Appeals put a hold on OSHA’s COVID-19 Emergency…
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Dec
02
2021
OREGON Q&A: N95s used for source control aren’t PPE
Question: We’re thinking of requiring employees who aren’t vaccinated against COVID-19 (coronavirus) to wear an N95 mask at work, but would we have to implement a full respiratory protection program? Answer: No, if your primary reason for requiring an unvaccinated worker to wear a filtering facepiece respirator such as an N95 is for source…
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Dec
02
2021
Federal contractor vaccine mandate on hold in 3 states
A federal district court in Kentucky has issued a preliminary order that places the federal contractor COVID-19 (coronavirus) vaccine mandate on hold in Kentucky, Ohio, and Tennessee. Until a full hearing can be held, the court prohibited the federal government from enforcing the vaccine mandate on federal contractors in these…
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