Vigilant Blog

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

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Photo of Sean Brown
Sep 03 2020
COVID-19Safety and Health  

WASHINGTON: Interpretive guidance updated for ag COVID-19 safety

On August 28, 2020, Washington Governor Jay Inslee released updated interpretative guidance accompanying the current COVID-19 safety requirements for agriculture on which we recently reported. Washington’s employers in the agriculture industry have endured a steady stream of additional requirements and changes around COVID-19 (coronavirus) safety. The good news is the new…

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Photo of Kara Craig
Aug 20 2020
Q&AHarassment & Discrimination  

Q&A: Establish a policy on political speech on clothing

Question: One of our employees wore a t-shirt in support of a political cause yesterday. Today another employee arrived at work wearing a mask with messaging in favor of her political party. I sense a slippery slope here. Do we have to allow this? Answer: No. Employees don’t have First Amendment rights in…

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Photo of Matt Norris
Aug 20 2020
COVID-19Safety and Health  

OSHA goes back to regs on reporting COVID-19 hospitalizations

Recently, the federal Occupational Safety and Health Administration (OSHA) removed informal guidance from its website explaining when to report work-related COVID-19 (coronavirus) exposures that cause inpatient hospitalizations. As a result, you as the employer should rely on existing regulations for reporting work-related illnesses. As we previously reported, OSHA had published…

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Photo of Sean Brown
Aug 20 2020
COVID-19Safety and Health  

WASHINGTON: Governor modifies COVID-19 ag safety, adds testing

On August 19, 2020, Washington Governor Jay Inslee delivered yet another proclamation (Proclamation 20-57.1, Concerning the Health of Agricultural Workers), which imposes even more agricultural COVID-19 requirements for worksites, particularly around isolating and testing workers. Many items are the same as those previously required, but significant new mandates are noted…

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Photo of Sean Brown
Aug 20 2020
COVID-19Leave LawsWage and Hour  

WASHINGTON: Governor grants leave for food production workers

On August 13, 2020, Governor Jay Inslee signed Proclamation 20-67, providing paid leave for food production worker absences related to COVID-19 (coronavirus). This new proclamation took effect on August 18, 2020, and significantly impacts employers operating in the agriculture sector. The proclamation doesn’t protect workers covered by the Families First Coronavirus…

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Photo of Lorraine Hoffman
Aug 20 2020
COVID-19Leave LawsSafety and Health  

OREGON: Face coverings now required in all office spaces

Governor Kate Brown and the Oregon Health Authority (OHA) have issued expanded face covering guidance that as of August 13, 2020, requires masks, face coverings, or face shields at all times in all public and private office spaces unless employees are at individual work spaces or in meeting rooms where…

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Photo of April Uzzardo
Aug 20 2020
COVID-19  

CALIFORNIA: SF issues guidance on reemployment rights ordinance

The San Francisco Office of Economic and Workforce Development (OEWD) has issued guidance on the “Back to Work” emergency ordinance, which took effect on July 3, 2020, and will remain in effect for 60 days, through September 2, 2020. As we previously reported, the ordinance gives eligible employees a temporary right to…

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Photo of Melinda Robinson
Aug 20 2020
COVID-19Hiring  

Q&A: Expired List B documents temporarily okay for Form I-9

Question: Can we accept an expired driver’s license for the Form I-9 during this COVID-19 pandemic? Answer: Yes, at least for now, if the license expired on or after March 1, 2020. The U.S. Department of Homeland Security has a temporary policy in place during the COVID-19 (coronavirus) pandemic allowing employers to…

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Photo of Kandis Sells
Aug 06 2020
COVID-19Leave Laws  

Federal court invalidates certain FFCRA rules

On August 3, 2020, a federal court in New York threw out a handful of key Department of Labor (DOL) rules for implementing the Families First Coronavirus Response Act (FFCRA). As we’ve previously reported, the FFCRA provides emergency sick leave and family and medical leave to employees who are unable to work…

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Photo of Kara Craig
Aug 06 2020
COVID-19DisabilityLeave Laws  

DOL expands FMLA COVID-19 FAQs

The U.S. Department of Labor (DOL) recently added questions #12-13 to its frequently asked questions about administering the Family and Medical Leave Act (FMLA) in light of COVID-19 (coronavirus). The FMLA provides protected leave when an employee is unable to work due to their own or a family member’s serious health…

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