Vigilant Blog

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

Showing posts by Kara Craig

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Jun 18 2020
Q&ALabor Relations  

Q&A: Know how to address inflammatory social media posts

Question: Several employees have reported that a coworker posted offensive content on Facebook about the recent protests. They say that she’s making “racist” comments and it makes them uncomfortable. Can we discipline the employee? If not, what else can we do to address this behavior? Answer: First, gather all of the facts. Find out exactly…

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May 21 2020
COVID-19Leave Laws  

Q&A: Decide how to handle holiday pay during FFCRA leave

Question: We have a full-time employee who’s currently on paid leave under the Families First Coronavirus Response Act (FFCRA) because his young child’s school has been closed due to COVID-19. Our policy says that in order to receive holiday pay, you must work the day before and the day after the holiday.…

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May 21 2020
COVID-19DisabilitySafety and Health  

OREGON: Retailers must provide face coverings for workers

On May 15, 2020, Governor Kate Brown issued new guidance for reopening businesses throughout the state of Oregon. The mask and face covering guidance says that certain businesses, including retail stores, must require employees, contractors, and volunteers to wear a mask, face shield, or face covering to prevent the spread…

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May 14 2020
COVID-19DisabilitySafety and Health  

EEOC updates guidance on COVID-19 disability accommodations

The U.S. Equal Employment Opportunity Commission (EEOC) recently clarified in its COVID-19 FAQs what to do if an employee with a disability has one of the underlying medical conditions identified by the Centers for Disease Control and Prevention (CDC) that puts them at higher risk of severe illness from COVID-19…

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May 07 2020
COVID-19  

Homeland Security temporarily eases immigration for ag workers

The Department of Homeland Security has published a temporary final rule to streamline the employment of temporary and seasonal agricultural workers with valid H-2A status who are already in the U.S. The H-2A immigrant classification applies to alien workers who perform agricultural work of a temporary or seasonal nature, usually…

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Apr 23 2020
COVID-19Immigration  

Homeland Security extends some employment authorizations

The Department of Homeland Security issued a news release to address immigration-related challenges related to the pandemic. As a result, employers may have some leeway when updating expiring Form I-9 documentation of employees who used an I-94 as proof of authorization to work. The DHS indicates if an individual files…

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Apr 03 2020
COVID-19  

Background check disclosure okay despite extra language

The U.S. Ninth Circuit Court of Appeals recently ruled that an employer complied with the stand-alone disclosure restrictions imposed by the federal Fair Credit Reporting Act (FCRA) despite adding minimal language about what the background check (“consumer report”) entailed, how it would be obtained, and how the information would be used for…

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Mar 27 2020
COVID-19Safety and Health  

OREGON: Workers can report workplace COVID-19 safety violations

Oregon Governor Kate Brown is encouraging workers who believe their company isn’t following safety and health advisories related to COVID-19 (coronavirus) to file a report online with Oregon’s Occupational Safety and Health Administration. Oregon OSHA has the authority to investigate the complaint and require compliance with all workplace restrictions related to the…

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Feb 11 2020
Q&ADisabilityDrug and Alcohol  

Q&A: Are prior addicts covered by the ADA?

Question: One of our employees failed a random drug test. He says the positive test occurred because he was prescribed methadone by his doctor to treat his addiction to opiates. Do we have to retain him? We’re concerned about safety.   Answer: If your drug testing process had included the services of a Medical…

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Dec 10 2019
Harassment & Discrimination  

Q&A: Approach retirement discussions with caution

Question: We are downsizing our accounting department. Two long-term employees over the age of 60 have repeatedly mentioned their intention to retire soon. They also have the highest salaries in the department. Can we eliminate their positions in the reduction in force?   Answer: Not for the reasons you suggest! Proximity to retirement is…

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