Vigilant Blog

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

Showing posts by Lorraine Hoffman

Photo of Lorraine Hoffman
Jun 16 2020
Harassment & DiscriminationTermination & Resignation  

ALERT: Title VII protects sexual orientation and gender identity

The U.S. Supreme Court recently ruled that terminating employees because of their sexual orientation or transgender status is discrimination based on sex and therefore violates Title VII of the Civil Rights Act.

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Photo of Lorraine Hoffman
May 21 2020
Q&ACOVID-19Safety and Health  

Q&A: Address worker concerns about cloth face coverings

Question: We’ll be requiring employees to wear cloth face coverings at work, but we’re worried about pushback. What do we need to know? Answer: With the recommendation from the Centers for Disease Control and Prevention (CDC) for people to wear cloth face coverings in public and at work, it seems that these fancy…

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Photo of Lorraine Hoffman
May 14 2020
Q&ACOVID-19  

Q&A: Be alert to unemployment fraud during pandemic

Question: Our business has received a number of unemployment claims that seem odd, including some from employees who are still working. We know that unemployment claims are way up due to business slowdowns related to COVID-19 (coronavirus), but is there something that we should be doing about these unusual or…

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Photo of Lorraine Hoffman
May 07 2020
COVID-19  

WARN notice required despite unforeseeable business circumstances

The U.S. Department of Labor has issued FAQ guidance on the Worker Adjustment and Retraining Notification Act (WARN Act) that’s specific to the current COVID-19 (coronavirus) pandemic. The FAQs briefly explain the WARN Act and suggest that employers may use the unforeseeable business circumstances exception if they have a covered layoff or…

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Photo of Lorraine Hoffman
May 07 2020
COVID-19Safety and Health  

ARIZONA: Stay-at-home order extended, some opening allowed

Arizona Governor Doug Doucey recently modified and extended his “Stay Home, Stay Healthy, Stay Connected” order. As we previously reported, the original order required individuals to stay home except to engage in limited essential activities. It was in effect until April 30, 2020. The new Executive Order 2020-33 extends the original…

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Photo of Lorraine Hoffman
Apr 30 2020
COVID-19Safety and Health  

OSHA tells health care employers how to decontaminate face masks

The Occupational Safety and Health Administration (OSHA) has issued interim enforcement guidance on decontaminating and reusing disposable N95 filtering face piece respirators (FFRs) for protection against infectious agents, such as COVID-19 (coronavirus). The guidance applies to employers in the health care industry and doesn’t affect the use of disposable FFRs in facilities where the masks are…

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Photo of Lorraine Hoffman
Mar 27 2020
COVID-19Leave Laws  

New mandatory poster available

According to the U.S. Department of Labor (DOL)’s Families First Coronavirus Response Act Notice – FAQs, the FFCRA poster must be provided to employees and new hires by the effective date of the law, which the DOL now says is April 1, 2020. This posting requirement only applies to covered employers, and would…

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Photo of Lorraine Hoffman
Dec 23 2019
Q&ALeave LawsWage and Hour  

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a…

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Photo of Lorraine Hoffman
Nov 13 2019
Q&ADisabilityHiring  

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an employer…

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Photo of Lorraine Hoffman
Sep 20 2019
Wage and Hour  

Q&A: Directly sharing wages with other companies is illegal

Question: Our plant manager asked the managers of the other operations in our business park to share what they’re paying for forklift operators and what they’re planning for wage increases this year. He’d like to make sure that we remain competitive; is his informal survey of these local companies okay?   Answer: Absolutely not! Antitrust laws…

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