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Showing posts for: Karen Davis

Jan 24 2025
Leave LawsWorkers’ Comp

DOL explains intersection of FMLA and paid family leave programs

The U.S. Department of Labor (DOL) recently published an opinion letter that says the federal Family and Medical Leave Act (FMLA) rules on “substitution” of paid leave don’t apply when an employee is receiving pay under a state or local paid family leave program. FMLA leave is unpaid, but the FMLA regulations allow employers to…

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Jan 10 2025
Wage and Hour

DOL returns to old definition of tipped workers

On December 17, 2024, the U.S. Department of Labor (DOL) rescinded its regulations that attempted to limit the percentage of work time and consecutive minutes tipped employees could spend on non-tip-producing work for purposes of tip credits under the federal Fair Labor Standards Act (FLSA). The DOL’s action was in response to a decision by…

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Dec 09 2024
ArizonaCaliforniaIdaho

Update your workplace posters

Now is a good time to review and update your employment posters. As a Vigilant member, you can download almost all of your required workplace posters online, for free, in the Government Posters section of our member website (located under Additional Resources). Or, if you prefer a cleaner look, you can order all-in-one laminated posters…

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Nov 26 2024
Affirmative Action

OFCCP releases its FY2025 scheduling list

On November 20, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released its first Corporate Scheduling Announcement List (CSAL) of Fiscal Year 2025. The list displays the names and addresses of 2,000 federal contractor locations that the OFCCP intends to review for affirmative action compliance. According to the methodology the agency published explaining how…

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Nov 25 2024
Wage and Hour

Court overturns DOL’s 2024 minimum salary for exempt employees

On November 15, 2024, a federal district court in Texas ruled that the U.S. Department of Labor (DOL) did not have the authority to issue a regulation earlier this year that significantly increased the minimum salary levels required for professional, administrative, and executive employees to be exempt from overtime (State of Texas v. DOL, ED…

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Nov 13 2024
Wage and HourWorkers’ Comp

Q&A: No easy road to convert employee into independent contractor

Question: A long-term skilled employee is retiring but we anticipate still needing her expertise, so she has agreed to work for us on an as-needed hourly basis as an independent contractor. What should we be thinking about as she makes this transition to independent contractor status? Answer: Stop the presses, it’s going to be very…

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Sep 16 2024
Safety and HealthWage and Hour

OSHA proposes heat illness regulation

On August 30, 2024, the U.S. Occupational Safety and Health Administration (OSHA) proposed new regulations to protect workers from heat illness. Comments are due by December 30, 2024. OSHA is proposing the following: Covered workplaces: Both indoor and outdoor workplaces would be covered, unless there is no reasonable expectation of exposure at or above the…

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Sep 13 2024
DisabilityLeave Laws

Q&A: Know how to handle time off request after discipline

Question: The day after a disciplinary meeting, an employee called in to say she needs four weeks off due to stress. What can we do? Answer: Unfortunately, this type of request is becoming more common. Start by assessing protected leave rights and then figure out how to address the employee’s performance upon return from work….

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Sep 03 2024
CaliforniaOregonSafety and Health

States updating wildfire smoke rules to match EPA’s new AQI levels

Effective May 6, 2024, the Environmental Protection Agency (EPA) adjusted the cutoff points in its color-coded Air Quality Index (AQI), which is used as a reference for wildfire smoke rules in California, Oregon, and Washington. The EPA’s updates to the AQI change what concentrations of PM2.5 (Particulate Matter measuring 2.5 micrometers) in the air correspond…

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Sep 03 2024
Hiring

FTC noncompete rule blocked by federal judge

On August 20, 2024, a federal district court in Texas issued a nationwide order blocking the Federal Trade Commission (FTC)’s noncompete rule, which was scheduled to take effect on September 4, 2024. As we previously reported, the noncompete rule would have invalidated most existing noncompete agreements, except for those with senior executives, and would have…

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Aug 09 2024
Labor Relations

NLRB issues union-friendly election rules

The National Labor Relations Board has updated the rules that govern the ability of a union to be recognized as workers’ bargaining representative under the National Labor Relations Act (NLRA). The current (Biden-era) Board’s actions are more generous to unions and replace rules that the Trump-era Board had issued in April 2020. The new rules…

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Jun 21 2024
Affirmative Action

OFCCP releases new list of companies it will audit

On June 7, 2024, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal supply and service contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative action audits….

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