Vigilant Blog

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

Showing posts for: Wage and Hour

Photo of April Uzzardo
Apr 03 2020
COVID-19Wage and Hour  

CALIFORNIA: Call-in scheduling triggers reporting time pay

The U.S. Ninth Circuit Court of Appeals recently ruled that California’s reporting time pay requirements extend to employees scheduled for “call-in” shifts even if they aren’t required to physically report to work. Workers at a retail store were required to call their manager 30 to 60 minutes before a scheduled shift to see if the store…

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Photo of Diane Buisman
Mar 31 2020
COVID-19Wage and Hour  

OREGON: Some manufacturers may exceed maximum weekly hours

The Oregon Bureau of Labor and Industries (BOLI) filed a temporary rule that permits manufacturers of certain non-perishable goods to allow employees to voluntarily work up to 91 hours in a workweek. This temporary rule is being adopted as an emergency response to the critical demand for certain non-perishable products…

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Photo of Jackie Marks
Mar 27 2020
DisabilityLeave LawsWage and Hour  

WASHINGTON: Paid Family and Medical Leave law amended

On March 25, 2020, Governor Inslee signed an amendment to the Washington Paid Family and Medical Leave (WPFML) program (SHB 2614). This bill doesn’t have anything to do with the current pandemic. Instead, it makes technical corrections to the WPFML program, to ensure the intent of the original bill is intact. The…

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Photo of Matt Norris
Mar 24 2020
COVID-19Employee ClassificationsWage and Hour  

Q&A: Know pros/cons of reclassifying exempt workers to cut costs

Question: Our company is facing financial difficulty, so we’re considering reclassifying some salaried exempt workers as hourly nonexempt workers to cut down on payroll hours. Is that a good idea? Answer: Maybe, but reclassifying workers can have unintended negative consequences. Unfortunately, many companies are scrambling for ways to save money right now. Some…

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Photo of Diane Buisman
Mar 19 2020
COVID-19Employee BenefitsHarassment & DiscriminationLeave LawsWage and Hour  

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…

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Photo of Sean Brown
Mar 10 2020
Wage and Hour  

Prior salary still doesn’t justify pay differences under EPA

Employers can’t use prior salary history to justify paying employees less than their opposite-sex colleagues, the U.S. Ninth Circuit Court of Appeals has confirmed. The federal Equal Pay Act (EPA) allows employers to explain pay differences between men and women performing equal work by pointing to seniority, merit, production, or any “factor other than…

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Photo of Lorraine Hoffman
Dec 23 2019
Q&ALeave LawsWage and Hour  

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a…

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Photo of Matt Norris
Dec 23 2019
Wage and Hour  

Department of Labor updates “regular rate” rules

The U.S. Department of Labor (DOL) has updated its guidance on the “regular rate” requirements under the Fair Labor Standards Act (FLSA). Under the FLSA, employers must pay workers overtime of at least one-and-a-half times the “regular rate” for hours worked beyond 40 hours per workweek. The regular rate could just be a worker’s normal…

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Photo of Matt Norris
Dec 13 2019
Wage and Hour  

ALERT: Washington changes salary and duties tests for exempt employees

On December 11, 2019, Washington’s Department of Labor and Industries (L&I) announced major changes to Washington’s minimum salary requirements for exempt workers and to the “duties test” for executive, administrative, and professional workers, which will be effective July 1, 2020. As Vigilant previously reported, when L&I first proposed these rules, Vigilant submitted comments suggesting…

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Photo of Karen Davis
Nov 21 2019
Wage and Hour  

Oregon employers must ensure workers take meal periods

The Oregon Court of Appeals has ruled that employers have a duty to ensure that workers actually take the meal periods required by state regulations. With limited exceptions, the Oregon Bureau of Labor and Industries (BOLI)’s regulations on meal and rest periods require employers to provide a 30-minute unpaid meal period for…

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