Vigilant Blog

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

Showing posts by Matt Norris

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Mar 24 2020
COVID-19Employee ClassificationsWage and Hour  

Q&A: Know pros/cons of reclassifying exempt workers to cut costs

Question: Our company is facing financial difficulty, so we’re considering reclassifying some salaried exempt workers as hourly nonexempt workers to cut down on payroll hours. Is that a good idea? Answer: Maybe, but reclassifying workers can have unintended negative consequences. Unfortunately, many companies are scrambling for ways to save money right now. Some…

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Mar 24 2020
COVID-19Labor Relations  

NLRB suspends elections, closes some offices in response to COVID-19

The National Labor Relations Board has temporarily suspended union representation elections until April 3, 2020. In an announcement on March 19, 2020, the Board said the temporary suspension was necessary to protect the health of its own employees and members of the public involved in elections. Also, the Board said…

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Mar 24 2020
COVID-19Leave Laws  

Reminder: Not all workers get new federal leave

Employers with 500 or more workers companywide may want to communicate to their workers that the recently-passed Families First Coronavirus Response Act (FFCRA) may not apply to them. As we previously reported, the FFCRA will allow eligible workers to take paid sick leave and/or family leave for certain COVID-19 (coronavirus)-related…

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Mar 10 2020
Labor Relations  

Board issues final rule on joint employer status under NLRA

The National Labor Relations Board recently issued a final rule on how to determine whether an employer jointly employs another employer’s workers under the National Labor Relations Act (NLRA). Historically, companies, workers, unions, and attorneys had to rely on old Board decisions to analyze whether organizations were joint employers under the…

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Feb 28 2020
DisabilitySafety and Health  

Q&A: ADA accommodations for epilepsy aren’t one-size-fits-all

Question: We have an employee who had a seizure at work, causing him to space out and forget things for a few minutes. He took a few days of leave to recover and seek medical treatment. When he came back, he told us he has epilepsy, but he brought in…

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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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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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