On June 23, 2021, the U.S. Supreme Court helped to protect employers’ property rights by striking down a California regulation that required agricultural employers to grant union organizers access to their property for one hour before work, one hour at mealtimes, and one hour after work for up to 120 days per…
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Vigilant recently submitted comments on behalf of our members in response to the Washington Department of Labor and Industries (L&I) draft administrative policy addressing hours worked. This draft policy proposes changes to the existing policy ES.C.2, which was last revised on September 2, 2008. The revised policy attempts to clarify the…
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June 17, 2021, the California Occupational Safety & Health Standards Board (OSHSB) approved revisions to Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS) for non-health care workplaces. (We summarized the original ETS here and reported on the related FAQs here.) The OSHSB will now send the proposal to the Office of Administrative Law (OAL)…
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The federal Occupational Safety and Health Administration (OSHA) has released an emergency temporary rule to prevent the spread of COVID-19 (coronavirus) for employers that provide health care services. The new rule applies to most employers that provide health care services or health care support services. OSHA has published a helpful…
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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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On April 5, 2021, Arizona Governor Doug Ducey signed into law SB 1377, which protects covered individuals and businesses from liability for COVID-19 related injuries to customers, students, tenants, volunteers, guests, neighbors, or members of the public, if they acted in “good faith” to protect those people from the pandemic. SB 1377 aligns with the…
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The U.S. Ninth Circuit Court of Appeals recently ruled that differences in pay for men and women in jobs that share a “common core of tasks” may trigger liability under the federal Equal Pay Act (EPA) and a similar Oregon state law that was in effect until January 1, 2019. A female…
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On March 19, 2021, California Governor Gavin Newsom signed a new law that requires employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave (SPSL) if a California employee is unable to work for reasons related to COVID-19 (coronavirus). The 2021 COVID-19 Supplemental…
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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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The Washington Supreme Court recently ruled the state’s agricultural exemption from overtime doesn’t apply to dairy workers, in a case with widespread implications for all agricultural employers. Under Washington’s Minimum Wage Requirements and Labor Standards Act, employees must generally be paid overtime for all hours worked over 40 in a workweek, unless a…
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