Vigilant Blog

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

Showing posts by Matt Norris

Photo of Matt Norris
Jan 28 2020
 

Department of Labor changes rules for joint employer status

The U.S. Department of Labor (DOL) recently announced changes to the rules for determining joint employer status under the Fair Labor Standards Act (FLSA). The new rules clarify what it means to be a joint employer under the FLSA, and list many helpful examples. The rules take effect March 16,…

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Jan 14 2020
 

SECURE Act changes rules for retirement savings accounts

On December 20, 2019, President Trump signed the SECURE Act into law, changing some rules for certain types of retirement savings accounts, including 401(k) plans that many companies offer their employees. Before the SECURE Act (which stands for “Setting Every Community Up for Retirement Enhancement”), employers offering 401(k) plans could require their…

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Jan 02 2020
Safety and Health  

State OSHA agency fines employers $825,000 on tip from fire marshal

The Oregon Occupational Safety and Health Administration (Oregon OSHA) fined five employers in southern Oregon a total of $825,000 after a state fire marshal tipped off the agency about structural defects and other unsafe conditions in a building on the employers’ property. Several hemp producers in Josephine County, Oregon, used a…

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Dec 23 2019
Wage and Hour  

Department of Labor updates “regular rate” rules

The U.S. Department of Labor (DOL) has updated its guidance on the “regular rate” requirements under the Fair Labor Standards Act (FLSA). Under the FLSA, employers must pay workers overtime of at least one-and-a-half times the “regular rate” for hours worked beyond 40 hours per workweek. The regular rate could just be a worker’s normal…

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Photo of Matt Norris
Dec 13 2019
Wage and Hour  

ALERT: Washington changes salary and duties tests for exempt employees

On December 11, 2019, Washington’s Department of Labor and Industries (L&I) announced major changes to Washington’s minimum salary requirements for exempt workers and to the “duties test” for executive, administrative, and professional workers, which will be effective July 1, 2020. As Vigilant previously reported, when L&I first proposed these rules, Vigilant submitted comments suggesting…

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Photo of Matt Norris
Nov 13 2019
Labor Relations  

Employer unlawfully surveilled workers’ pro-union Facebook page

An employer engaged in unlawful surveillance in violation of the National Labor Relations Act (NLRA) by asking a worker to gather information and report back about a pro-union, private Facebook group to which other workers belonged, according to a recent decision by the National Labor Relations Board. Under the NLRA,…

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Photo of Matt Norris
Oct 08 2019
 

WARN Act notice required for employment loss, not temporary layoff

An employer wasn’t required to give workers 60 days’ notice of a layoff lasting fewer than 6 months since the layoff wasn’t an “employment loss” under the Worker Adjustment and Retraining Notification Act (WARN Act), according to a recent court decision. Under the WARN Act, an employer must give at least 60 days’ notice in the event…

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Photo of Matt Norris
Aug 14 2019
Safety and HealthTermination & Resignation  

Oregon employers may be liable if they retaliate without knowing it

If an employer disciplines or terminates an employee on the advice of a supervisor, without knowing the supervisor is actually retaliating against the employee, the employer can still be liable, ruled the Oregon Supreme Court. Sometimes, the people with authority to make employment decisions don’t really make decisions alone, but instead rely…

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Photo of Matt Norris
Aug 14 2019
Safety and Health  

New app calculates heat index and illness risks for outdoor workers

The federal Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH) have created a “Heat Safety Tool” app for Android and iPhone to help workers and supervisors calculate the heat index for their worksites and determine risk levels for outdoor workers. The app also includes…

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Photo of Matt Norris
Aug 06 2019
WebinarLeave LawsWage and Hour  

Webinar: Oregon Legislative Update 9/12/19 - Register now!

  WHAT EMPLOYERS NEED TO KNOW Thursday, September 12, 2019 10-11 a.m. Pacific / 1-2 p.m. Eastern   Oregon employers are facing a wave of new state employment laws after the 2019 Legislative Session. Many are still trying to figure out how to sort through all the new rules, and asking questions such as: What changes do we…

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