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Sep 16 2021
Affirmative ActionWage and Hour

Federal contractor minimum wage rises January 1, 2022

The U.S. Department of Labor (DOL) has raised the minimum wage for certain federal contracts related to services and construction as of January 1, 2022. The minimum wage for federal contracts covered by Executive Order 13658 (“Establishing a Minimum Wage for Contractors”) will rise to $11.25 per hour effective January 1, 2022, up from $10.95 per hour…

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Sep 02 2021
Affirmative ActionHarassment & DiscriminationHiring

AFFIRMATIVE ACTION: Both women and men benefit from recent OFCCP settlements

The Office of Federal Contract Compliance Programs (OFCCP) recently announced two financial settlements from federal contractors following routine affirmative action audits that revealed potential discrimination issues in their hiring processes. Interestingly, one company allegedly discriminated against women and the other company allegedly discriminated against men. Neither company admitted liability but each agreed to pay a…

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Aug 05 2021
Wage and HourWashington

WASHINGTON: New L&I wage and hour guidance for employers

The Washington Department of Labor and Industries (L&I) adopted two administrative policies providing guidance to Washington employers on state wage and hour topics. These policies (organized in a question and answer format) provide explanations and detailed examples of compliance with the Washington Minimum Wage Act (WMWA), which is generally more favorable toward employees than the…

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Jul 01 2021
Labor RelationsSafety and HealthWage and Hour

Supreme Court bolsters employers’ right to exclude union organizers

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 year. Agricultural workers…

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Jun 17 2021
Wage and HourWashington

WASHINGTON: Vigilant comments on L&I hours worked changes

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 current definition of “hours…

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Jun 17 2021
COVID-19CaliforniaSafety and Health

CALIFORNIA: Cal/OSHA proposes changes to COVID-19 rules

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) for final review….

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Jun 17 2021
COVID-19Safety and HealthWage and Hour

OSHA issues COVID-19 workplace rule for health care employers

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 guide for employers to determine…

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Apr 15 2021
ArizonaCOVID-19Wage and Hour

ARIZONA: New law shields some businesses from COVID-19 liability

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 governor’s…

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Apr 01 2021
Harassment & DiscriminationWage and Hour

Ninth Circuit applies broad standard for equal work

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 psychology professor at…

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Mar 22 2021
COVID-19CaliforniaLeave Laws

CALIFORNIA: COVID-19 supplemental paid sick leave expands

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 Paid Sick Leave Law (SB…

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Feb 04 2021
COVID-19DisabilityQ&A

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 Essential Workers, which includes…

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Nov 12 2020
Labor RelationsSafety and HealthWage and Hour

WASHINGTON: Agriculture exemption from overtime takes a hit

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 specific exemption…

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