Vigilant Blog

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

Showing posts for: Disability

Photo of Jodi Slavik
May 13 2021
COVID-19DisabilityHarassment & DiscriminationLeave LawsSafety and HealthWage and HourWorkers’ Comp  

WASHINGTON: New law creates more pandemic worker protections

Several important developments have recently occurred in Washington state. We're addressing the following topics in this post - find the full articles below.   New law creates more pandemic worker protections. On May 11, 2021, Governor Jay Inslee signed ESSB 5115, the Health Emergency Labor Standards Act (HELSA), creating labor standards that automatically take…

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Photo of Matt Norris
Apr 15 2021
COVID-19DisabilityHarassment & DiscriminationSafety and Health  

Q&A: Voluntary vaccine incentive programs may cause discrimination

Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage…

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Photo of Karen Davis
Apr 15 2021
COVID-19DisabilityHiringPrivacy & Confidentiality  

CALIFORNIA: CCPA privacy notice expands to include vaccine records

We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for…

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Photo of Karen Davis
Mar 18 2021
COVID-19DisabilityEmployee BenefitsHarassment & DiscriminationLeave Laws  

American Rescue Plan Act of 2021 impacts benefits, leaves, and more

The American Rescue Plan Act of 2021 (ARPA), the latest COVID-19 relief bill, offers a 100 percent COBRA subsidy and expands eligibility for paid leave tax credits, among other provisions. The bill was signed by President Biden on March 11, 2021. COBRA subsidy: Employees who lose employer-sponsored group health insurance coverage…

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Photo of April Uzzardo
Mar 18 2021
COVID-19DisabilityHarassment & Discrimination  

CALIFORNIA: DFEH addresses mandatory COVID-19 vaccination

The California Department of Fair Employment and Housing (DFEH) released updated employment guidance related to COVID-19 (coronavirus) on March 4, 2021, including mandatory vaccination policies. DFEH Employment Information on COVID-19 replaces previous guidance issued March 20, 2020 and July 24, 2020. The DFEH says you may implement mandatory COVID-19 vaccination policies…

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Photo of Kara Craig
Feb 04 2021
Q&ACOVID-19DisabilitySafety and HealthWage and HourWorkers’ Comp  

Q&A: Plan ahead in encouraging COVID-19 vaccinations

Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for…

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Photo of Karen Davis
Dec 17 2020
COVID-19DisabilitySafety and Health  

EEOC addresses vaccine mandates

The U.S. Equal Employment Opportunity Commission (EEOC) has added a new section to its FAQs on COVID-19 (coronavirus) to address the degree to which employers can require workers to be vaccinated. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” addresses considerations under the…

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Photo of Jodi Slavik
Nov 04 2020
WebinarCOVID-19DisabilityHarassment & DiscriminationSafety and Health  

WEBINAR: The Aftermath of 2020 - Mental Illness at Work, 12/3/20

2020 was historic in ways no one expected. As the year ends and COVID-19 fatigue sets in (along with a healthy dose of economic uncertainty, political fights, and social unrest), mental health is becoming one of the biggest challenges facing employees and their employers. Unlike physical injuries, mental illness can…

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Photo of Kandis Sells
Oct 01 2020
COVID-19DisabilityLeave LawsWorkers’ Comp  

CALIFORNIA: Workers’ comp presumed for COVID-19 illness

California employees who test positive for COVID-19 (coronavirus) will have an easier time getting workers’ compensation benefits thanks to Senate Bill 1159, signed by Governor Gavin Newsom on September 17, 2020. As we previously reported, Governor Newsom issued an executive order in May creating this same presumption, but that order expired in…

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Photo of Kara Craig
Aug 06 2020
COVID-19DisabilityLeave Laws  

DOL expands FMLA COVID-19 FAQs

The U.S. Department of Labor (DOL) recently added questions #12-13 to its frequently asked questions about administering the Family and Medical Leave Act (FMLA) in light of COVID-19 (coronavirus). The FMLA provides protected leave when an employee is unable to work due to their own or a family member’s serious health…

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