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Nov 08 2017
Leave LawsWage and HourWashington

How does Washington’s paid sick leave law apply to truck drivers?

A: No, there isn’t an exemption from Washington’s paid leave law for truck drivers. The definition of employee in Washington’s minimum wage act is what controls when it comes to which employees are covered by the new paid sick leave requirements and there’s no exemption for truck drivers. This means you’ll need to comply with…

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Oct 19 2017
CaliforniaHarassment & DiscriminationHiring

California Governor signs a slew of new legislation in 2017

The 2017 California legislative session has drawn to a close, and Governor Jerry Brown recently signed a slew of new bills affecting private employers. Below are the major employment-related bills that affect most California employers. All of them take effect on January 1, 2018. AB 168: Bans employers from asking job applicants about salary history…

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Oct 09 2017
OregonQ&AVigilant News

OREGON: Common questions answered on recent legislation

Vigilant recently held a webinar covering 2017 legislation impacting Oregon employers with new overtime and maximum hour rules for manufacturers, predictive scheduling, amendments to Oregon’s sick leave law, and pay equity. We’ve received some great follow-up questions regarding the overtime and maximum hour rules for manufacturers, as well as questions about Oregon’s new pay equity…

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Oct 05 2017
OregonWage and Hour

New law in Oregon imposes stiff penalty for requiring false time records

Oregon recently passed a new law that takes effect on January 1, 2018, prohibiting employers from compelling, coercing, or otherwise requiring an employee to create, file or sign a time record that the employer knows to be false (HB 3008). Pursuant to the new law, courts may award up to $1,000 in penalties for each…

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Sep 07 2017
Wage and Hour

Overtime rule that would have increased salaries of exempt workers is dead

It appears that the Obama-era overtime rule that would have nearly doubled the minimum salary for white-collar workers exempt from overtime is now completely dead, thanks to a court decision and a Department of Labor (DOL) legal filing. As we previously reported, a federal district court in Texas put a preliminary hold on the overtime…

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Sep 05 2017
Wage and Hour

Alert: OMB revokes pay data portion of EEO-1 Report

To the relief of employers across the country, the Office of Management and Budget (OMB) has yanked approval for the controversial new pay data portion of the revised EEO-1 Report that would have taken effect in 2018. The OMB’s Office of Information and Regulatory Affairs informed the U.S. Equal Employment Opportunity Commission (EEOC) in a…

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Aug 17 2017
CaliforniaWage and Hour

California Forces Employers to Grapple With Complex Pay Equity Requirements

Passed in 2015 and amended in 2016, California’s Fair Pay Act (FPA) is one of the toughest laws of its kind in the nation. California employers face much greater obligations under the FPA than ever before. The FPA is a complex law that expanded an older law that had been around since 1949. The older…

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Aug 08 2017
Q&AWage and Hour

Can employees volunteer to work?

A: While it might seem like you’re doing something for the employee’s benefit, and you don’t want to discourage initiative, these individuals should be paid for time spent learning how to use the equipment. Under the federal Fair Labor Standards Act (FLSA) you must pay employees if you “suffer or permit” them to perform tasks….

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Jun 08 2017
OregonWage and Hour

OREGON: Equal pay act restricts wage history use & expands employer liability

As of the 91st day after the legislature adjourns this summer, employers are prohibited from asking applicants or employees for their salary history. The only exception is that employers may verify prior compensation as long as they first make an offer of employment that includes an amount of compensation and they obtain the worker’s written…

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Jun 02 2017
Harassment & DiscriminationWage and Hour

Layoffs, job restructuring, and wage freezes no excuse for unequal pay

Female Managers Sued Their Employer Under the Equal Pay Act The female managers sued under the federal Equal Pay Act (EPA), which generally requires women and men to be paid the same if they perform work of equal skill, effort, and responsibility, under similar working conditions. The only exceptions are if the difference in pay…

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May 10 2017
Harassment & DiscriminationOregonWage and Hour

Internal complaints count as whistleblowing under Oregon law

Oregon Whistleblower Laws: Internal and External Complaints In Oregon, an employer cannot discriminate or retaliate against an employee who “has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation” (Oregon Revised Statute §659A.199). The statute doesn’t specify whether a report must…

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Apr 10 2017
Wage and Hour

DOL gets more time to consider defense of overtime rule

The U.S. Fifth Circuit Court of Appeals has granted a request by the U.S. Department of Labor (DOL) to wait until May 1, 2017, to file a written brief stating its position on a lower federal court’s blocking of the DOL’s overtime rule. As we previously reported, a federal district judge in Texas placed a…

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