Vigilant Blog

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

Showing posts by Chris Edison

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…

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Photo of Chris Edison
Feb 16 2023
Wage and Hour  

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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Photo of Chris Edison
Jan 19 2023
Q&AEmployee ClassificationsWage and Hour  

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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Photo of Chris Edison
Nov 03 2022
Q&ALeave LawsWage and Hour  

Q&A: Assess how to report PFML wages for multistate employees

Question: Our company is located in Oregon, and we have an employee who works in person two days a week at our facility in Portland. The employee teleworks the rest of the week from their residence in Vancouver, Washington. Should we report their wages to the paid family and medical…

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Photo of Chris Edison
Sep 15 2022
Safety and Health  

WASHINGTON: L&I updates safety rules to protect temps

The Washington Department of Labor and Industries (L&I) recently issued new rules confirming existing workplace protections for temporary workers. The rules align with RCW 49.17.490, a Washington statute that already requires staffing agencies and worksite employers to comply with specific health and safety standards for temporary workers in manufacturing and construction…

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Photo of Chris Edison
Jul 21 2022
COVID-19DisabilityHarassment & DiscriminationHiringSafety and Health  

EEOC updates guidance on COVID-19 screening for employers

On July 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance regarding COVID-19 (coronavirus) and the Americans with Disabilities Act (ADA). These FAQs scale back the agency’s approval of mandatory COVID-19 screening measures and clarify several other COVID-19 related issues. Viral screening tests and “business necessity: The EEOC now says…

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Photo of Chris Edison
Jul 07 2022
Drug and AlcoholHiringWage and Hour  

CALIFORNIA: No pay due for applicants’ time to take drug tests

The U.S. Ninth Circuit Court of Appeals recently ruled that California employers aren’t required to compensate applicants for time and travel expenses required to undergo mandatory preemployment drug tests. A grocery store with locations in California offered jobs to applicants contingent on a successful background check and drug test. The company paid…

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Photo of Chris Edison
Jun 16 2022
Safety and Health  

OSHA assesses large penalties for two employers’ safety violations

The federal Occupational Safety and Health Administration (OSHA) recently cited two companies after it found the employers exposed workers to serious hazards that resulted in the death of two individuals. A plastics company in Ohio faces $291,086 in penalties after an employee died while trying to clear plastic parts stuck in…

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Photo of Chris Edison
Jun 03 2022
Safety and Health  

Washington Alert: Emergency regulations for outdoor heat exposure and wildfire smoke released

On June 1, 2022, emergency regulations for outdoor heat exposure and wildfire smoke were released. This Alert summarizes both sets of regulations, which take effect on June 15, 2022. WASHINGTON: L&I issues emergency rules for outdoor heat Washington’s Department of Labor and Industries (L&I) has released emergency requirements to protect workers from outdoor heat…

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Photo of Chris Edison
Jun 02 2022
Safety and Health  

WASHINGTON: Emergency wildfire smoke regulations issued

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) issued emergency regulations requiring employers to protect workers from wildfire smoke. The rules are effective June 15, 2022, through September 29, 2022. Vigilant will publish an Alert on the Washington emergency wildfire smoke rules in the next few days and update…

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