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Mar 19 2020
COVID-19Employee BenefitsHarassment & Discrimination

ALERT: New federal law provides paid leave for COVID-19 absences

Alert: New federal law provides paid leave for COVID-19 absences President Trump has signed the Families First Coronavirus Response Act, an economic stimulus package that offers employees certain emergency protections for absences related to the coronavirus (COVID-19). This new law will have a major impact on employers throughout 2020, as it expands the federal Family…

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Dec 23 2019
Employee BenefitsLeave LawsWashington

Washington Paid Family & Medical Leave rules finalized; access our resources

January 1, 2020, the date your employees will be able to apply for Washington Paid Family and Medical Leave (WPFML) benefits, is right around the corner. Here’s an update on where things stand and a reminder about our resources: Rulemaking: The Washington Employment Security Department (ESD) has completed its rulemaking (click the “INFO” tab for…

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Jan 02 2019
DisabilityEmployee BenefitsEmployee Classifications

Best practice idea: Follow up after making disability accommodation

One of our Vigilant members has implemented a best practice that we think is worth sharing: annual check-ins with employees who are receiving workplace accommodations under the Americans with Disabilities Act (ADA). Annual Check-In: What’s Involved The company sends the employee a letter each year, reviewing what accommodations have been made and asking: (1) whether…

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Dec 17 2018
Employee BenefitsHarassment & DiscriminationLabor Relations

Q&A: No-fault attendance policies must allow many exceptions

Answer: If you’re unsure, then you may need to get clarification from the employee before assigning attendance points to an absence. Some absences are clearly unprotected, such as late arrival due to car trouble or a speeding ticket. Use caution if the employee raises a family or medical reason for an absence, though. Your Vigilant…

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Jan 08 2018
Employee BenefitsLeave Laws

Employee on military leave qualified for higher bonus upon return

A pilot who would have qualified for a higher pay grade had he not been on military leave should have received a bonus upon his return at the rate for the higher pay grade, ruled the U.S. Ninth Circuit Court of Appeals. The pilot (a union member) was selected by his employer to receive training…

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Oct 16 2017
DisabilityEmployee BenefitsLeave Laws

Q&A: Offer equal amounts of paid parental leave to men and women

Answer: The short answer is no. If you provide paid parental leave for female employees, you must provide male employees the same benefit. Paid Parental Leave vs. Disability When contemplating providing paid leave for new parents, there are two sides you should consider: medical disability, and bonding with/caring for the child. Payments while a female…

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Feb 23 2017
Employee BenefitsLeave LawsOregon

Paid sick leave under fire in Oregon

Nine Oregon counties have successfully sued the state, claiming that the Oregon sick leave requirements, which took effect on January 1, 2016, create an unfunded mandate and therefore violate the state constitution. This means that unless the state appeals the decision, the counties who brought the lawsuit don’t have to provide paid sick leave to…

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Jan 24 2017
Employee BenefitsQ&A

Should we appeal a Marketplace employer notice issued under the ACA?

Probably not. You only need to consider appealing a Marketplace employer notice if the information contained in the notice is inaccurate. Under the Affordable Care Act (ACA), an applicable large employer (an employer who employees at least 50 full-time equivalent employees), is required to offer affordable, minimum value health insurance coverage to full-time employees (employees…

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Nov 10 2016
Drug and AlcoholEmployee BenefitsLabor Relations

Alert: 2016 ballot measures and election results will impact the workplace

CALIFORNIA: Voters approve recreational marijuana Californians voted to approve Proposition 64, the “Adult Use of Marijuana Act,” which legalizes the use of recreational marijuana in the state by individuals who are at least 21 years old. The new law protects individuals from criminal prosecution, but specifically preserves an employer’s right to enforce a drug-free workplace…

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Jun 14 2016
Employee BenefitsQ&AWage and Hour

Cash in lieu of benefits must be included in regular rate calculation for overtime

Answer: Yes. The money you are providing to the employees for opting out of medical benefits is considered cash in lieu of benefits and should be included in the regular rate calculation for overtime pay. Money must be included in the employee’s regular rate of pay if it is generally understood as compensation for work,…

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Jun 03 2016
Employee BenefitsLeave LawsOregon

Oregon BOLI updates regulations on social media, OFLA, and domestic workers

In response to 2015 changes to employment laws, the Oregon Bureau of Labor and Industries (BOLI) has finalized revised administrative rules regarding employees’ social media accounts, medical insurance during Oregon Family Leave, and domestic workers. Social Media: Employee Use and Privacy This revision clarifies that, not only is it an unlawful employment practice to require…

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May 19 2016
Employee BenefitsLeave LawsQ&A

Is an employee out on workers’ comp entitled to health insurance?

A: No, and in fact, you shouldn’t unless he qualifies for leave under the federal Family and Medical Leave Act (FMLA). There are only three reasons an employee should be on your insurance plan: (1) they meet the eligibility requirements to be an active participant under your insurance contract; (2) you’re required to offer coverage…

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