Vigilant Blog

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

Showing posts by Karen Davis

Photo of Karen Davis
Feb 11 2020
Drug and Alcohol  

FMCSA random drug testing rate increases to 50%

The minimum random drug testing rate for commercial motor vehicle (CMV) drivers subject to federal drug and alcohol testing requirements has increased from 25 percent to 50 percent for calendar year 2020. Covered motor carriers must conduct enough random drug tests during the year to amount to at least 50…

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Photo of Karen Davis
Nov 21 2019
Wage and Hour  

Oregon employers must ensure workers take meal periods

The Oregon Court of Appeals has ruled that employers have a duty to ensure that workers actually take the meal periods required by state regulations. With limited exceptions, the Oregon Bureau of Labor and Industries (BOLI)’s regulations on meal and rest periods require employers to provide a 30-minute unpaid meal period for…

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Photo of Karen Davis
Nov 13 2019
Featured Worker’s CompSafety and Health  

New hire fatality from wood chipper results in $67k penalty

A sole proprietor of a tree-trimming business was ordered to pay $66,986 in penalties after an employee was killed by a wood chipper on his first day on the job. A crew of four workers, including the new employee, met in the morning at the owner’s house. Two of the workers were…

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Photo of Karen Davis
Oct 23 2019
Featured Worker’s CompSafety and Health  

OSHA cites employers for poor emergency procedures after two fatalities

In two separate cases, the Occupational Safety and Health Administration (OSHA) issued six-figure citations against employers that failed to plan ahead for foreseeable emergency situations. The employers have 15 business days to comply with the citations, request an informal conference with OSHA’s area director, or challenge the findings before the Occupational…

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Photo of Karen Davis
Sep 25 2019
Wage and Hour  

EEOC doesn’t intend to seek pay & hours data for 2019 or beyond

The U.S. Equal Employment Opportunity Commission (EEOC) says it needs time to analyze the 2017 and 2018 data on worker pay and hours it’s currently collecting, and therefore doesn’t intend to ask for such data in future years. The agency has also come to the conclusion that it grossly underestimated the amount of…

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Photo of Karen Davis
Sep 25 2019
Featured Worker’s CompSafety and Health  

Employer sentenced after welder’s death

In the aftermath of a welder’s death on the job, an oilfield company pled guilty to a willful violation of federal safety standards requiring tanks to be cleaned before welding. The welder was 28 years old and had recently moved to North Dakota to work in the oil industry after serving in…

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Photo of Karen Davis
Aug 29 2019
Featured Worker’s CompSafety and Health  

Electronic injury & illness reporting to start in 2020 in Washington

Washington’s Department of Labor and Industries (L&I) has finally issued regulations requiring covered Washington employers to follow federal requirements and file annual injury and illness reports electronically with federal OSHA starting in 2020. As explained on OSHA’s Injury Tracking Application web page, the reporting portal will open again on January 2, 2020, and the…

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Photo of Karen Davis
Jul 31 2019
Wage and Hour  

EEO-1 portal now open for filing data on pay and hours

Employers with 100 or more employees can now file “Component 2” of the EEO-1 Report, which covers pay and hours worked during 2017 and 2018. The deadline for filing the report is September 30, 2019.   The requirement to file Component 2 data applies to companies with at least 100 employees on an employer-chosen…

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Photo of Karen Davis
Jun 26 2019
Wage and Hour  

Q&A: Say what you mean in commission agreements

Question: One of our salespeople landed two huge contracts. Under the terms of the commission agreement, this salesperson would earn nearly $3 million. But we never anticipated paying anyone that much money. We reserved the right to amend the plan. Can we cut the commission payment?

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Photo of Karen Davis
May 06 2019
Wage and Hour  

Two years of pay and hours data due by 9/30/19 for EEO-1 Report

Not only must employers submit data on pay and hours worked during 2018 on the newly expanded EEO-1 Report by September 30, 2019, but they must also include pay and hours data from 2017. The requirement to provide pay and hours data applies to employers with 100 or more employees.…

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