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Nov 03 2022
Leave LawsOregonQ&A

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 leave (PFML) program in Oregon…

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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 industries. L&I’s rules (WAC…

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Jul 21 2022
COVID-19DisabilityHarassment & Discrimination

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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Jul 07 2022
CaliforniaDrug and AlcoholHiring

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 the drug testing…

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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 a machine. OSHA issued…

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Jun 03 2022
Safety and HealthWashington

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 exposure….

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Jun 02 2022
Safety and HealthWashington

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 our Model Policy,…

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May 19 2022
OregonSafety and Health

OREGON: Permanent wildfire smoke rules effective July 1, 2022

On May 10, 2022, Oregon OSHA adopted permanent regulations to address workers’ exposure to wildfire smoke. The rules go into effect July 1, 2022, and apply to all outdoor workers who are exposed to wildfire smoke where the ambient air concentration for fine particulate matter equals or exceeds an Air Quality Index (AQI) value of…

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Apr 07 2022
Harassment & DiscriminationPrivacy & ConfidentialityWage and Hour

WASHINGTON: 2022 legislature limits confidentiality agreements

On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is recognized as against a clear…

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Mar 17 2022
HiringWage and HourWashington

President signs new arbitration law

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) into law. Vigilant recently reported on the significant changes and impact of H.R. 4445 on mandatory arbitration agreements. Tips: We encourage you to ensure that your anti-harassment policies are up to date and to promptly…

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