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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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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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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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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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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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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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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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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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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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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