Vigilant Blog

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

Showing posts by Sean Brown

Photo of Sean Brown
Jul 21 2022
Wage and Hour  

Q&A: Reimbursing employee expenses can be necessary

Question: Do we have to reimburse employees for expenses, and if so, which ones? Answer: Yes, there are times when employees must be reimbursed for expenses, but it depends on the expense you’re talking about and whether you’re dealing with less generous federal law or more generous state or local law. Under federal law,…

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Photo of Sean Brown
Jun 16 2022
Harassment & DiscriminationHiring  

MONTANA: Good hiring criteria and documentation win the day

A Montana employer’s clear hiring criteria and good documentation showing why it chose not to hire a former employee allowed it to overcome a discrimination and retaliation claim in federal court. A former employee with human resources experience applied for three part-time package handler positions with United Parcel Service (UPS). UPS…

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Photo of Sean Brown
Jun 02 2022
COVID-19Safety and Health  

WASHINGTON: COVID-19 temporary worker housing rules updated 5/20

On May 20, 2022, Washington’s Department of Labor & Industries (L&I) and Department of Health (DOH) made yet another update to the emergency COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. The rules took effect immediately. Here are the important changes: Education on exposure and testing positive: The previous version of the rules required…

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Photo of Sean Brown
May 05 2022
Safety and Health  

Prepare for heat illness prevention

As summer approaches, now is the time to review your safety plans for protecting workers from heat illness hazards. California and Washington have state-specific heat stress regulations and directives that you must follow, while Arizona, Idaho, and Montana follow federal law. Meanwhile, Oregon is in the process of developing permanent…

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Photo of Sean Brown
Apr 07 2022
Employee BenefitsHiringWage and Hour  

WASHINGTON: Employers must disclose pay info in all job postings

On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1,…

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Photo of Sean Brown
Mar 03 2022
Leave Laws  

Q&A: Don’t let frustration and doubt impact leave law compliance

Question: We have an employee with terrible attendance who’s now asking for 4 weeks off to have surgery in Korea, although we suspect she just wants to take time off to see family. Can we apply our attendance policy if she takes the trip and doesn’t come to work? Answer: These kinds of…

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Photo of Sean Brown
Feb 03 2022
COVID-19Safety and Health  

WASHINGTON: COVID-19 temporary worker housing rules updated, 1/21/22

On January 21, 2022, Washington's Department of Labor & Industries (L&I) and Department of Health (DOH) made updates to the existing COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. This is the fifth set of modifications since the rules were originally adopted in May 2020. Here are the changes: Cloth face…

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Photo of Sean Brown
Jan 20 2022
COVID-19Safety and Health  

CMS issues guidance on health care vaccine mandate

Now that the Supreme Court has upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate for COVID-19 (coronavirus), it’s time for covered entities to dig into the guidance and complete any compliance steps. In order to assist the regulated community with compliance, CMS has issued guidance for the first 25…

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Photo of Sean Brown
Dec 16 2021
Q&AWage and Hour  

WASHINGTON Q&A: Pay door-to-door for out-of-town travel

Question: We have a non-exempt (hourly) employee in Washington who’s going to be traveling out of town for work. What travel time hours do they need to be paid for? Answer: The safest approach is to pay the employee door-to-door (from their home to the out-of-town destination and from the out-of-town destination back…

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Photo of Sean Brown
Oct 07 2021
COVID-19Safety and Health  

WASHINGTON: 5th update to COVID-19 temporary worker housing rules

On September 24, 2021, Washington’s Departments of Labor & Industries (L&I) and Health made very minor updates to the existing COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry to align with Governor Inslee’s current “Washington Ready” Proclamation (20-25.17). As a reminder, as of the end of June the agriculture industry no longer has its own COVID-19 safety compliance…

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