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May 05 2022
Affirmative ActionHiringWage and Hour

Federal contractors settle group hiring and pay claims with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently secured three significant settlements from employers with federal contracts. The companies didn’t admit liability, but signed conciliation agreements after routine affirmative action audits uncovered disparities in hiring and compensation. IQVIA Inc. agreed to pay $550,000 in back wages and interest to resolve allegations that it discriminated…

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Apr 25 2022
Safety and HealthWashingtonWorkers’ Comp

Pssst! The secret to lowering workers’ comp premiums

The most impactful way to lower workers’ compensation costs, the secret ingredient if you will, is to prevent injuries in the first place. The Vigilant safety team spends all day everyday doing just that with hundreds of companies. We’ve learned 4 key things about preventing injuries: Establish and maintain a culture of care. At its…

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Apr 21 2022
Leave LawsOregon

OREGON: Paid sick time expanded in advance of summer heat

The Oregon Bureau of Labor and Industries (BOLI) has made a permanent rule that expands the reasons for Oregon paid sick leave to include time off related to emergency evacuation orders as well as unhealthy air quality or high outdoor temperatures. The permanent rule is identical to the temporary rule we reported on last summer….

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Apr 21 2022
Affirmative Action

OFCCP contractor portal is now open; certifications due June 30, 2022

The OFCCP Contractor Portal is now open for federal supply and service contractors to certify their affirmative action plan (AAP) compliance no later than June 30, 2022. (Construction contractors aren’t required to participate at this time.) You don’t have to upload your written AAP, but you do need to certify that you have developed and…

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Apr 07 2022
Wage and HourWashington

WASHINGTON: Stay alert for laws that protect employee wages

There are two laws—one passed this year and one last—that protect employees in Washington from not getting paid or for fees related to bounced checks. The first, RCW Chapter 60.90, became effective January 1, 2022. It allows most employees to place a lien on their employer’s property to secure unpaid wages, as well as interest,…

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Apr 07 2022
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary rule renewed through August 4, 2022

On April 6, 2022, the Washington Department of Labor and Industries (L&I) filed its emergency workplace safety rule to address COVID-19 (coronavirus), which is now effective through August 4, 2022. The prior rule expired on April 6, 2022. The updated rule (Public Health Emergency Reporting and Notification Requirements for Infectious and Contagious Diseases and Voluntary…

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Apr 07 2022
Employee BenefitsHiringWage and Hour

WASHINGTON: Employers must disclose pay info in all job postings

On March 30, 2022, Washington Governor Jay Inslee signed Substitute Senate Bill 5761, which requires employers with 15 or more employees to include the wage scale or salary range in each job posting, along with a general description of all benefits and other compensation for the job, effective January 1, 2023. The bill modifies Washington’s…

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Apr 07 2022
Harassment & DiscriminationPrivacy & ConfidentialityWage and Hour

WASHINGTON: 2022 legislature limits confidentiality agreements

On March 24, 2022, Governor Jay Inslee signed into law ESHB 1795, which prohibits employers from requiring a prospective, current, or former employee (or an independent contractor) to sign any agreement that prevents the disclosure of alleged discrimination, harassment, retaliation, sexual assault, wage and hour violations, or conduct that is recognized as against a clear…

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Apr 07 2022
COVID-19OregonSafety and Health

OREGON: COVID-19 rules scaled back for general industry

On March 18, 2022, Oregon OSHA updated its Rule Addressing COVID-19 Workplace Risks (OAR 437-001-0744), eliminating some requirements for general workplaces, making some provisions merely recommended, and continuing nearly all of the requirements for “exceptional risk” workplaces (such as health care settings). Our Legal Guide, At a Glance: COVID-19 Compliance in Oregon has been updated…

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Apr 07 2022
COVID-19Hiring

Expired Form I-9 List B documents unacceptable as of May 1, 2022

The U.S. Department of Homeland Security (DHS) is ending its COVID-19 temporary policy that allowed employers to accept List B identity documents that expired on or after March 1, 2020. Effective May 1, 2022, you must only accept unexpired List B identity documents for completing Form I-9. If an employee provided an expired List B…

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Apr 07 2022
Affirmative Action

OFCCP updates veterans hiring benchmark as of March 31, 2022

The Office of Federal Contract Compliance Programs (OFCCP) announced that the hiring benchmark for protected veterans is dropping slightly, to 5.5 percent (down from 5.6 percent) effective March 31, 2022. This means that federal contractors’ affirmative action plans (AAPs) with plan dates of April 1, 2022, or later should use the new figure in their…

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Apr 07 2022
Affirmative Action

OFCCP resets expectations for contractors during audits

On March 31, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued Directive 2022-02 (Effective Compliance Evaluations and Enforcement), which eliminates some employer-friendly affirmative action audit procedures and establishes high expectations going forward. This is the second directive issued by OFCCP Director Jenny Yang, who was appointed by President Biden in January 2021. It…

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