Vigilant Blog

WASHINGTON: L&I finalizes rules for temporary worker housing

On May 12, 2020, Washington’s Department of Labor and Industries (L&I) released new requirements for temporary agricultural worker housing to help prevent the spread of COVID-19 (coronavirus). Here’s what you need to know if you’re the housing operator for your employees (or if you’re responsible for a housing operator’s compliance with these rules): Effective and…

COVID-19Leave Laws

DOL updates FFCRA paid leave FAQs, May 2020

The U.S. Department of Labor (DOL) has updated its frequently asked questions on paid leave under the Families First Coronavirus Response Act (FFCRA). The DOL added questions #89 to 93. As we previously reported, the FFCRA applies to employers with fewer than 500 employees. These new FAQs address COVID-19 leave questions related to domestic service workers, temporary…

COVID-19DisabilitySafety and Health

EEOC updates guidance on COVID-19 disability accommodations

The U.S. Equal Employment Opportunity Commission (EEOC) recently clarified in its COVID-19 FAQs what to do if an employee with a disability has one of the underlying medical conditions identified by the Centers for Disease Control and Prevention (CDC) that puts them at higher risk of severe illness from COVID-19 (coronavirus). The FAQs address common…

Homeland Security temporarily eases H-2B for food processors

The U.S. Department of Homeland Security recently announced a temporary final rule that gives food processors more flexibility in hiring foreign workers under an H-2B visa (temporary nonagricultural work), in an effort to address worker shortages during the COVID-19 (coronavirus) pandemic. The new rule allows workers who are already legally in the U.S. under an…

EEOC delays 2019 EEO-1 Report due date to March 2021

The Equal Employment Opportunity Commission (EEOC) announced that it’s delaying the deadline for the 2019 EEO-1 Report for a full year, so it will be due in March 2021. The 2019 data should have been due on March 31, 2020, but the EEOC never got the submission portal up and running. The agency now says…

COVID-19Safety and Health

CDC issues guidance on cleaning businesses and public spaces

The U.S. Centers for Disease Control and Prevention (CDC) recently issued detailed instructions on cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes to help keep them free of COVID-19 (coronavirus). Much of the focus revolves around developing and implementing plans to maintain spaces in a clean and hygienic state as reopening continues. As…

COVID-19CaliforniaSafety and Health

CALIFORNIA: Cal/OSHA updates infection prevention guidance

Cal/OSHA has been updating and expanding its guidance for specific industries on how to protect workers from COVID-19 (coronavirus). We previously reported on guidance for the construction and logistics industries. According to the web page for Cal/OSHA Guidance on Requirements to Protect Workers from Coronavirus, those documents were updated on May 5, 2020, but the changes…

COVID-19OregonSafety and Health

OREGON: New COVID-19 rule for worker housing & ag operations

On April 28, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA) adopted a temporary rule to prevent the spread of COVID-19 (coronavirus) in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation. The new rule increases minimum standards for sanitation, toilet facilities, and handwashing facilities, and provides social distancing guidelines both for employer-provided housing…

COVID-19Safety and HealthWashington

WASHINGTON: DOSH updates respirator rules during COVID-19

The Washington Division of Occupational Safety and Health (DOSH) has temporarily updated its directive on N95 filtering facepieces and respirator/face covering selection during the COVID-19 (coronavirus) outbreak. We previously reported that the federal Occupational Safety and Health Administration (OSHA) temporarily relaxed rules on respirator fit-testing, training, and other respiratory protection protocols as long as employers…

COVID-19Employee Benefits

DOL and IRS extend benefits deadlines and update COBRA notices

The U.S. Department of Labor (DOL) and the Internal Revenue Service (IRS) have issued a rule that requires all group health plans, disability plans, other employee welfare benefit plans, and employee pension benefit plans subject to the Employee Retirement Income Security Act (ERISA) or the federal tax code to extend certain deadlines for plan participants…

Homeland Security temporarily eases immigration for ag workers

The Department of Homeland Security has published a temporary final rule to streamline the employment of temporary and seasonal agricultural workers with valid H-2A status who are already in the U.S. The H-2A immigrant classification applies to alien workers who perform agricultural work of a temporary or seasonal nature, usually lasting no longer than one…