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Mar 02 2023
Labor RelationsTermination & Resignation

Board invalidates confidentiality and nondisparagement clauses

The National Labor Relations Board recently ruled that confidentiality and nondisparagement provisions in an employer’s severance agreements with 11 employees were unlawful under the National Labor Relations Act (NLRA). The decision overturned a Trump-era decision which we previously reported, involving Baylor University Medical Center. The current Board wrote that “a severance agreement is unlawful if…

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Mar 02 2023
Employee ClassificationsWage and Hour

Evaluate classifications for employees paid a daily rate

In a recent decision from the U.S. Supreme Court, an employee who was paid on a daily rate basis and earned more than $200,000 annually was found to be nonexempt and therefore eligible to recover overtime under the federal Fair Labor Standards Act (FLSA). The employee was a “tool-pusher” on an offshore oil rig and…

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Mar 02 2023
Leave LawsOregon

OREGON: OFLA eligibility returns to normal as health emergency ends

Oregon’s declared public health emergency due to RSV is set to expire at 12:01 a.m. on March 6, 2023, so eligibility for leave under the Oregon Family Leave Act (OFLA) will return to normal on that date. As we previously reported, Governor Kate Brown’s public health emergency declaration temporarily shrank the minimum length of employment…

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Feb 16 2023
COVID-19Employee Benefits

COVID-19 benefits plan deadline extensions to end July 10, 2023

The Biden Administration recently announced that the COVID-19 national emergency and public health emergency will end on May 11, 2023, which means that starting 60 days afterward (July 10, 2023), various employee health plans will no longer be required to extend certain deadlines for plan participants and beneficiaries. This includes extensions to the usual deadlines…

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Feb 16 2023
DisabilityLeave Laws

DOL addresses indefinite intermittent FMLA leave and remote work

The U.S. Department of Labor (DOL) recently addressed two important issues under the federal Family and Medical Leave Act (FMLA), approving indefinite intermittent leave due to a serious health condition and clarifying the work location of remote workers for FMLA purposes. Indefinite intermittent leave: The DOL issued an opinion letter stating that the FMLA entitles…

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Feb 16 2023
Wage and Hour

DOL releases guidance on rest breaks and meal periods

The U.S. Department of Labor (DOL) recently released a Field Assistance Bulletin No. 2023-1 providing guidance on wage and hour topics related to employees who engage in telework, although the principles apply equally to onsite employees. It explains how you should ensure that workers who telework are paid properly under the Fair Labor Standards Act…

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Feb 09 2023
Safety and HealthWashingtonWorkers’ Comp

Are we there yet? Accident prevention journey vs destination

“Accident prevention is a journey, not a destination”. This saying is often heard from Vigilant’s own Safety Manager, Manish Gooneratne. He’s full of profound truisms, and this one has always been memorable. It’s also relevant in light of the good news I received last week. You might recall that in last month’s post on workers’ comp…

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Feb 02 2023
Affirmative ActionHarassment & Discrimination

OFCCP releases new list of federal contractors it will audit

On January 20, 2023, the Office of Federal Contract Compliance Programs (OFCCP) released a new list of federal contractors it intends to review in the coming months for affirmative action compliance. This Corporate Scheduling Announcement List (CSAL) is a courtesy heads-up, showing which companies will be selected for random affirmative action audits. If you use…

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Feb 02 2023
Employee ClassificationsOregonWage and Hour

Minimum salary for noncompete agreements rises in 2023

Employers in Oregon and Washington who use noncompetition agreements must review enforceability requirements and increased minimum salary thresholds annually in order to ensure that their contracts remain legally enforceable at the time of separation from employment. Oregon: For valid noncompete agreements signed on or after January 1, 2022, the minimum gross salary for separated workers…

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Feb 02 2023
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary worker housing rules evolve

On January 14, 2023, the Washington Department of Labor & Industries (L&I)’s COVID-19 (coronavirus) emergency rules that had been in place for temporary worker housing (TWH) in the agriculture industry expired and were not renewed. While this means that the remaining emergency restrictions have been lifted, agricultural employers providing TWH must continue taking precautions to…

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Jan 19 2023
Employee ClassificationsQ&AWage and Hour

Q&A: Evaluate administrative exemption from overtime carefully

Question: We have a dispatcher who we’ve always considered to be exempt from overtime. A newly hired member of our HR team is now questioning this classification. How can we determine who’s right? And if it turns out the dispatcher is probably nonexempt but we decide not to make any changes, what’s the risk to…

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Jan 19 2023
Safety and Health

Machine guard violations lead to criminal charges

An Alabama manufacturer has pled guilty to willfully violating OSHA regulations stemming from the company’s practice of removing safety guards on a moving piece of equipment, which caused the tragic death of an employee. The company manufactured flat rectangular plastic sheets by feeding raw materials through large rollers, which often got tangled with plastic as…

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