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Jan 25 2021
WashingtonWorkers’ Comp

From the CFO desk: Evaluating Retro Groups

As the CFO of Vigilant I am often asked how I would evaluate a Retro program in Washington State and what would be my greatest objectives for such a program. Although my responsibilities as CFO lie largely in the financial area, my top objective would still be to provide a safe working environment for employees….

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Jan 21 2021
Leave Laws

Ninth Circuit decides definition of workweeks for FMLA entitlement

Employees who work a rotating schedule of one week on, one week off, may have their “off” weeks counted against their 12-week leave entitlement under the federal Family and Medical Leave Act (FMLA), according to the U.S. Ninth Circuit Court of Appeals. The court ruled on a dispute between the Department of Labor (DOL) and…

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Jan 21 2021
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary worker housing rules updated again

On January 8, 2021, Washington’s Departments of Labor & Industries (L&I) and Health (DOH) again extended and modified existing COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. As a reminder, the larger framework for agriculture COVID-19 safety compliance in Washington continues to be Proclamation 20-57.1, and the implementing requirements for worksites, which we reported…

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Jan 21 2021
COVID-19CaliforniaLeave Laws

CALIFORNIA: Localities extend COVID-19 paid sick leave ordinances

A number of California cities and counties have extended their COVID-19 (coronavirus) emergency paid sick ordinances, or are preparing to do so in the coming weeks. Below is a list of ordinances that have already been extended, or may be extended soon. Oakland (city): The City of Oakland has extended its emergency paid sick leave…

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Jan 21 2021
COVID-19

EEO-1 Report portal to open in April 2021

The portal for submitting EEO-1 Reports for the 2019 and 2020 calendar years won’t open until sometime in April 2021. Normally the portal opens each January, with a submission deadline of March 31. The Equal Employment Opportunity Commission (EEOC) didn’t open the portal for the 2019 submission, due to the COVID-19 (coronavirus) pandemic. Starting this…

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Jan 21 2021
COVID-19CaliforniaLeave Laws

CALIFORNIA: Cal/OSHA updates COVID-19 workplace safety FAQs

On January 8, 2021, Cal/OSHA significantly expanded the FAQs for California’s emergency temporary standard addressing COVID-19 workplace safety. As we previously reported, the standard took effect on November 30, 2020, and will remain in effect until October 2, 2021. Some of the key clarifications are: Enforcement: Until February 1, 2021, Cal/OSHA will cite noncomplying employers…

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Jan 21 2021
COVID-19Hiring

New form may be presented as part of an I-9 List A document

On January 12, 2021, U.S. Citizenship and Immigration Services (USCIS) announced that it’s replacing the sticker that it currently issues to extend the validity of Form I-551 (Permanent Resident Card, also called a “Green Card”). The sticker is being replaced with a revised Form I-797 (Notice of Action). Generally speaking, when a Green Card is…

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Jan 21 2021
Affirmative ActionHarassment & Discrimination

New executive orders address diversity training, LGBTQ+ protections

President Biden has rescinded President Trump’s controversial Executive Order 13950: Combating Race and Sex Stereotyping, effective immediately. As we previously reported, the order prohibited federal contractors from training employees on “divisive concepts” related to race and sex discrimination. Later we reported that a federal court issued a nationwide injunction that temporarily halted enforcement while a…

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Jan 07 2021
COVID-19

H-2A workers’ ability to switch employers is extended again

The Department of Homeland Security has again extended the temporary rule allowing certain employers to streamline the process of hiring foreign temporary and seasonal agricultural workers with H-2A status during the COVID-19 (coronavirus) public health emergency. As we previously reported, Homeland Security implemented the rule change at the beginning of the pandemic to allow any…

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Jan 07 2021
COVID-19Safety and HealthWashington

WASHINGTON: Updates coming to temporary worker housing rules

The existing safety rules for temporary worker housing (TWH) in the agriculture industry issued by Washington’s Departments of Labor & Industries (L&I) and Health (DOH) will soon be updated following their expiration on January 8, 2021. As a reminder, the larger framework for agriculture COVID-19 (coronavirus) safety compliance in Washington continues to be Proclamation 20-57.1, and…

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Jan 07 2021
COVID-19Safety and HealthWashington

WASHINGTON: State will transition to regional reopening approach

Governor Jay Inslee has announced that Washington will move from a county to a regional reopening approach during the COVID-19 (coronavirus) pandemic, beginning on January 11, 2021. The “Healthy Washington — Roadmap to Recovery” plan divides the state into eight geographic regions and initially provides for two levels of reopening: Phase 1 and Phase 2….

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Jan 07 2021
COVID-19Q&ASafety and Health

Q&A: Pandemic precautions affect winter driving

Question: Should we consider any special driving precautions for employees in winter during the COVID-19 (coronavirus) pandemic compared to a “normal” winter season? Answer: Yes, this is an entirely new frontier of change, challenges, and struggle for many of us, and preparing for winter driving conditions may require a little more creativity. First and foremost,…

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