Vigilant Blog

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

Showing posts by Lorraine Amrine

Photo of Lorraine Amrine
May 05 2022
HiringLeave LawsTermination & Resignation  

Q&A: Temporary protected status may extend work authorization

Question: Last year during the I-9 process, a new hire showed me a Form I-766 (Employment Authorization Document) as proof of eligibility to work. The card is expiring soon and I’ve asked for updated documentation to reverify their authorization to work, but they say they don’t have any new documents. Will I have to…

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Photo of Lorraine Amrine
Apr 21 2022
Leave Laws  

OREGON: Paid sick time expanded in advance of summer heat

The Oregon Bureau of Labor and Industries (BOLI) has made a permanent rule that expands the reasons for Oregon paid sick leave to include time off related to emergency evacuation orders as well as unhealthy air quality or high outdoor temperatures. The permanent rule is identical to the temporary rule…

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Photo of Lorraine Amrine
Mar 17 2022
Wage and Hour  

Q&A: Include shift differentials and bonuses in overtime calculations

Question: A swing shift employee contacted Payroll, upset that her overtime rate didn’t include her shift differential. Our policy is to only use the base rate when calculating overtime. Is that okay? Answer: The federal Fair Labor Standards Act (FLSA) requires nonexempt employees to be paid overtime at one-and-one-half times their “regular rate,” not…

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Photo of Lorraine Amrine
Mar 03 2022
COVID-19Safety and Health  

West coast states ending indoor mask requirements

California, Oregon, and Washington are ending indoor mask requirements this month for most situations. California Governor Gavin Newsom announced that starting March 1, 2022, masks are no longer required for unvaccinated individuals in public indoor spaces and starting March 12, 2022, masks will no longer be required in schools. Oregon…

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Photo of Lorraine Amrine
Feb 17 2022
Q&ACOVID-19Leave LawsWorkers’ Comp  

Q&A: Be aware of employment protections for COVID-19 absences

Question: Early in the pandemic, we didn’t discipline for absences related to COVID-19 (coronavirus). With all that’s changed since then, can we return to our regular attendance policy? Answer: Not so fast. In any state, if an employee quarantines or isolates due to a workplace exposure, the employee may have protection under state…

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Photo of Lorraine Amrine
Jan 20 2022
COVID-19Safety and HealthWorkers’ Comp  

Q&A: Keep on top of COVID-19 protocols

Question: As we enter this new phase of the pandemic, it seems like everyone is going to get sick. With the vaccination mandate effectively dead, do we need to care anymore? Answer: Yes! It’s been a long haul, and pandemic fatigue is real, but employers still have an obligation to monitor and…

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Photo of Lorraine Amrine
Dec 16 2021
COVID-19  

CMS vaccine mandate back in effect for states that didn’t sue

On December 15, 2021, the U.S. Fifth Circuit Court of Appeals issued a ruling that reinstates the COVID-19 (coronavirus) vaccine mandate by the Centers for Medicare & Medicaid Services (CMS) in states that didn’t participate in lawsuits challenging the mandate. As a result, many health care employers in California, Oregon, and…

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Photo of Lorraine Amrine
Dec 16 2021
COVID-19Safety and Health  

WASHINGTON: State extends rules for reporting COVID-19 outbreaks

The Washington Department of Labor and Industries (L&I) has issued a replacement emergency temporary rule, which is identical to the rule we previously reported, regarding employer reporting and notification requirements for infectious and contagious diseases during a public health emergency, including the COVID-19 (coronavirus) pandemic. The original rules were set to…

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Photo of Lorraine Amrine
Sep 02 2021
COVID-19DisabilitySafety and Health  

OREGON: Vaccinations required for health care and school workers

The Oregon Health Authority (OHA) recently filed temporary regulations requiring workers in health care and school settings to obtain COVID-19 (coronavirus) vaccinations by October 18, 2021, or else provide documentation of an exemption due to disability or religion. We previously reported that Governor Kate Brown had announced that these workers…

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Photo of Lorraine Amrine
May 20 2021
Q&A  

Q&A: Do vaccine incentives have to be included in OT calculations?

Question: We want to offer a cash incentive to our employees who have been vaccinated for COVID-19 (coronavirus) in order to encourage vaccination rates in our workforce, but we don’t want to recalculate the employee’s “regular rate” for overtime. What can we do? Answer: You’re in luck! The U.S. Department of Labor (DOL) updated its COVID-19…

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