Leila Duntley, Author at Vigilant

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Jan 27 2025
ImmigrationQ&A

Q&A: Know what to do if ICE comes knocking

                Question: With all the news about expected ramping up of immigration enforcement, what should we do if Immigration and Customs Enforcement (ICE) shows up at our workplace? Answer: If ICE agents arrive at your business without any warning, it’s important to know what legal parameters they must…

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Aug 09 2024
CaliforniaHarassment & Discrimination

One-time use of slur could create harassment liability

              Even a one-time use of a racial slur could be enough for an employee to establish a hostile work environment claim The California Supreme Court recently decided. In this case, an employee alleged that a coworker at her office called her the N-word, and that her employer intimidated…

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May 03 2024
Harassment & Discrimination

Job transfers may be discriminatory even without “significant harm”

The U.S. Supreme Court has decided that employees who sue claiming their job transfer was discriminatory under Title VII of the Civil Rights Act only need to show they suffered “some harm” from the transfer, as opposed to “significant harm.” Title VII prohibits employers from discriminating against employees with respect to “compensation, terms, conditions, or…

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Apr 05 2024
COVID-19Safety and Health

CDC relaxes COVID-19 isolation guidelines for the public

On March 1, 2024, the Centers for Disease Control (CDC) updated its COVID-19 isolation guidelines, removing the recommendation to isolate for 5 days, and instead recommending people treat COVID-19 (coronavirus) like any other respiratory illness. Even though many states have rescinded workplace COVID-19 requirements (and have also pared down previous isolation guidance for the general…

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Jan 29 2024
Safety and Health

Two teen fatalities in manufacturing raise safety and HR concerns

  Federal OSHA recently announced major penalties against two separate manufacturing companies after investigating workplace incidents in which a 16-year-old at each facility was fatally injured by machinery. The Fair Labor Standards Act (FLSA), and many state rules, strictly limit the types of industries and environments where children can work. These two situations tragically illustrate…

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Nov 16 2023
Leave LawsQ&A

Q&A: Use caution when denying holiday pay after sick time

Question: An employee called out sick the day before Thanksgiving, but our policy says employees must work the last scheduled day before and first scheduled day after a holiday in order to receive holiday pay. Can we deny him the Thanksgiving holiday pay? Answer: It depends on whether the employee is using protected paid sick…

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Jul 06 2023
Safety and HealthWashington

WASHINGTON: Updated heat illness rules effective July 17, 2023

Washington’s Department of Labor & Industries (L&I) recently updated its permanent rules that protect outdoor workers from heat exposure and illness, effective July 17, 2023. The outdoor heat exposure rules for general industry (which begin at WAC 296-62-095) were revised from WAC 296-62-09510 through 296-62-09560 and the rules for agriculture (which begin at WAC 296-307-097) were revised from…

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Mar 16 2023
COVID-19CaliforniaOregon

Healthcare masking to end April 3, 2023, in CA, OR, and WA

Wearing a mask in healthcare settings will no longer be required in California, Oregon, or Washington as of April 3, 2023. The announcements from the California Department of Public Health (CDPH), Oregon Health Authority (OHA), and the Washington Department of Health (DOH) all say that masks are still recommended, and healthcare providers are free to…

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Feb 16 2023
COVID-19Employee Benefits

COVID-19 benefits plan deadline extensions to end July 10, 2023

The Biden Administration recently announced that the COVID-19 national emergency and public health emergency will end on May 11, 2023, which means that starting 60 days afterward (July 10, 2023), various employee health plans will no longer be required to extend certain deadlines for plan participants and beneficiaries. This includes extensions to the usual deadlines…

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Sep 01 2022
Harassment & DiscriminationLabor RelationsTermination & Resignation

Q&A: Plan ahead before downsizing

Question: Times are tough, and we might have to lay off employees or downsize. What do we need to think about beforehand and what steps do we need to take in advance? Answer: Two words: plan ahead. Planning for a reduction in force (RIF) and making sure everything is in order can be an overwhelming…

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Jun 02 2022
Safety and HealthWashington

WASHINGTON: Emergency rules for outdoor heat exposure published

On June 1, 2022, Washington’s Department of Labor and Industries (L&I) released emergency rules for outdoor heat exposure. The emergency rules will be effective starting on June 15, 2022, until September 29, 2022. The rules temporarily expand Washington’s permanent outdoor heat exposure rules, which are in effect annually from May 1 through September 30. We…

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May 19 2022
OregonSafety and Health

OREGON: Permanent heat illness rules take effect June 15, 2022

Oregon OSHA recently adopted permanent heat illness prevention rules, which apply to all workplaces (general industry and agriculture), as well as employer-provided housing, effective on June 15, 2022. In 2021, Oregon OSHA created temporary heat illness rules (as we reported in an Alert last year), but they expired. When the permanent rules go into effect,…

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