Vigilant Blog

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

Showing posts by Kara Craig

Photo of Kara Craig
Jun 17 2021
Q&AFeatured Worker’s CompLeave LawsWorkers’ Comp  

Q&A: Does compliance with workers’ comp satisfy FMLA obligations?

Question: Our employee was injured at work and needs to be off work for two months. The employee filed a workers’ compensation claim, which was accepted. The plant manager told the employee that medical leave is covered by workers’ comp and to call when they’re cleared to come back to work. Are we missing…

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Jun 17 2021
COVID-19  

OREGON: OHA again allows for shortened quarantine

In updated Statewide Isolation and Quarantine Guidance issued on June 4, 2021, the Oregon Health Authority (OHA) is again allowing a shortened quarantine period for people who have had close contact with a confirmed positive COVID-19 (coronavirus) case. While OHA continues to recommend a 14-day quarantine period for employees who…

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Apr 15 2021
COVID-19Leave Laws  

Q&A: FFCRA includes time off for vaccine side effects

Question: One of our employees is experiencing side effects after getting a COVID-19 vaccination. We have fewer than 500 employees and we’re pursuing the voluntary tax credits under the Families First Coronavirus Response Act (FFCRA). Is this employee eligible for paid leave under FFCRA for the time she can’t work? Answer: Yes, as of…

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Apr 01 2021
Harassment & DiscriminationWage and Hour  

Ninth Circuit applies broad standard for equal work

The U.S. Ninth Circuit Court of Appeals recently ruled that differences in pay for men and women in jobs that share a “common core of tasks” may trigger liability under the federal Equal Pay Act (EPA) and a similar Oregon state law that was in effect until January 1, 2019. A female…

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Feb 04 2021
Q&ACOVID-19DisabilitySafety and HealthWage and HourWorkers’ Comp  

Q&A: Plan ahead in encouraging COVID-19 vaccinations

Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for…

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Nov 19 2020
COVID-19Safety and Health  

OREGON: Governor orders temporary “freeze” to control COVID-19

Governor Kate Brown has issued Executive Order 20-65, limiting gatherings, recreation, and certain indoor and outdoor activities through December 2, 2020, to control the spread of COVID-19 (coronavirus). The latest restrictions don’t replace any existing industry-specific or workplace guidance, requirements, or restrictions, so long as they’re consistent with the Order. The Oregon…

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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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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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Photo of Kara Craig
Jul 09 2020
COVID-19DisabilitySafety and Health  

Q&A: Understand record retention rules for health screenings

Question: We’re requiring employees, contractors, and visitors to our facility to provide their temperatures and answer health screening questions. Do we have to keep records of the answers, and if so, for how long? Answer: There’s no legal obligation to create a written record of actual temperatures or answers to a health screening…

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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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