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Apr 15 2021
COVID-19CaliforniaDisability

CALIFORNIA: CCPA privacy notice expands to include vaccine records

We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for example language. As we previously…

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Apr 15 2021
COVID-19DisabilityHarassment & Discrimination

Q&A: Voluntary vaccine incentive programs may cause discrimination

Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage voluntary vaccination…

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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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Apr 01 2021
Leave LawsWashington

WASHINGTON: Paid Family & Medical Leave benefits increase in 2021

Heads up, Washington employers: the maximum weekly benefit for the state’s Paid Family and Medical Leave (PFML) program has increased from $1,000 to $1,206 as of January 1, 2021. Each September, the Employment Security Department (ESD) is required to adjust the maximum weekly benefit amount for the following calendar year to 90 percent of the…

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Mar 25 2021
WashingtonWorkers’ Comp

Kept-On-Salary Mandates: There’s an alternative

Lately I’ve received a lot of questions about Vigilant’s perspective on Kept-On-Salary mandates. Here’s where we stand: We oppose KOS Mandates Our fundamental objection to KOS mandates is that they ALWAYS benefit a group retro program and its association sponsor, but do NOT ALWAYS best serve the individual member companies that are paying for it….

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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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Mar 18 2021
COVID-19DisabilityEmployee Benefits

American Rescue Plan Act of 2021 impacts benefits, leaves, and more

The American Rescue Plan Act of 2021 (ARPA), the latest COVID-19 relief bill, offers a 100 percent COBRA subsidy and expands eligibility for paid leave tax credits, among other provisions. The bill was signed by President Biden on March 11, 2021. COBRA subsidy: Employees who lose employer-sponsored group health insurance coverage due to involuntary termination…

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Mar 18 2021
COVID-19Employee Benefits

EBSA continues relief for employee benefit plans due to COVID-19

The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) has issued EBSA Disaster Relief Notice 2021-01, which provides guidance on continuation of relief for employee benefit plans and plan participants and beneficiaries due to the COVID-19 (coronavirus) outbreak. This “outbreak period,” which began on March 1, 2020, will end 60 days after the national…

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Mar 18 2021
COVID-19CaliforniaDisability

CALIFORNIA: DFEH addresses mandatory COVID-19 vaccination

The California Department of Fair Employment and Housing (DFEH) released updated employment guidance related to COVID-19 (coronavirus) on March 4, 2021, including mandatory vaccination policies. DFEH Employment Information on COVID-19 replaces previous guidance issued March 20, 2020 and July 24, 2020. The DFEH says you may implement mandatory COVID-19 vaccination policies requiring employees to receive…

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Mar 16 2021
WashingtonWorkers’ Comp

Accurately forecasting workers’ comp premium

Washington Manufacturers: On my daughter’s 7th birthday she was gifted a Magic 8-ball. You know, the one with the blue liquid that you shake and it magically answers whatever question you’ve asked. Often the response would be a non-committal answer like “Ask Again Later” or “Cannot Predict Now.” Feverishly, she would ask the question again,…

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Mar 09 2021
WashingtonWorkers’ Comp

Advocacy with L&I is critical to success

Washington Manufacturer: Who do you contact within Labor & Industries (L&I) to help you with a difficult workers’ compensation claim issue? Who is advocating for your interests with the Department? Not knowing where to start and how to be impactful can be overwhelming, frustrating, and even demoralizing. Just as the company you keep is crucial…

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Mar 04 2021
COVID-19Safety and Health

Lack of machine guards and lockout/tagout result in safety citations

Question: Are safety and health agencies still paying attention to “regular” pre-existing safety regulations, or are they mostly focusing on COVID-19 (coronavirus) protocols? Answer: Yes, federal OSHA and state safety and health agencies are continuing to address safety concerns and violations unrelated to COVID-19. Recently, federal OSHA came onsite to investigate a partial finger amputation…

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