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May 04 2023
COVID-19Safety and Health

Federal contractor vaccine mandate to end effective May 12, 2023

On May 1, 2023, the White House announced that the COVID-19 (coronavirus) vaccine mandate and related safety protocols for federal contractors will end at 12:01 a.m. on May 12, 2023. This is the same time that the national COVID-19 public health emergency will officially be over. A notice on the Safer Federal Workforce web page for…

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Apr 20 2023
Leave LawsOregon

OREGON: Changes likely to OFLA and Paid Leave Oregon

Employers should brace for likely changes to the Oregon Family Leave Act (OFLA) and Paid Leave Oregon (also called paid family and medical leave insurance, or PFMLI), which the 2023 legislature is considering in order to partially align the two laws. Normally we don’t report on proposed legislation because so much can change in the…

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Apr 20 2023
Privacy & ConfidentialitySafety and HealthWage and Hour

Q&A: Set expectations for social media use to protect confidentiality

Question: I just found out that employees are using their personal cell phones at work to snap and share pictures, in response to randomly timed daily prompts from an app called “BeReal.” Our policy prohibits cell phone use during work time unless it’s necessary for the job. Our manufacturing employees are only allowed to use…

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Apr 20 2023
Safety and Health

Prepare for heat illness prevention, 4/21/23

As summer approaches, now is the time to review your safety plans for protecting workers from heat illness hazards. Cal/OSHA requirements depend on outdoor temperature thresholds; Oregon OSHA rules apply to indoor or outdoor work when the heat index reaches certain levels; and Washington’s Department of Labor and Industries (L&I) requires heat illness steps to…

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Apr 20 2023
COVID-19Leave LawsSafety and Health

WASHINGTON: End of COVID-19 National Emergency ends HELSA duties

On April 10, 2023, most COVID-19 (coronavirus) obligations for Washington employers were extinguished when President Biden signed legislation (H.J. Res. 7) that immediately terminated the national emergency related to the COVID-19 pandemic. Washington’s Health Emergency Labor Standards Act (HELSA) required employers to (1) report outbreaks to Washington’s Division of Occupational Safety and Health (DOSH); (2)…

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Apr 20 2023
Q&AWage and Hour

Q&A: Can I reuse old separation agreements?

Question: Has anything changed recently regarding separation agreements? We’re planning to eliminate a position and we want to offer severance pay. I have a separation agreement that was drafted a couple of years ago; can I just reuse that? Answer: No, please contact your Vigilant Law Group employment attorney for fresh language! There have been…

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Apr 06 2023
Hiring

Mandatory third-party background check notice updated

If you use a third party to conduct background checks, such as criminal history reports on applicants or employees, you’ll need to start using a revised “Summary of Your Rights Under the Fair Credit Reporting Act.” The Consumer Financial Protection Bureau (CFPB) announced the revisions in the Federal Register on March 20, 2023, but making…

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Apr 06 2023
DisabilityLeave Laws

Q&A: Modified schedule may be ADA reasonable accommodation

Question: A full-time employee is scheduled to return to work after exhausting 12 weeks of medical leave under the federal Family and Medical Leave Act (FMLA). His doctor restricted him to a maximum of 25 hours per week for at least six months due to disability. Can I deny this disability accommodation request because he’s…

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Apr 06 2023
Labor RelationsWage and Hour

NLRB general counsel weighs in on severance agreements

On March 22, 2023, the general counsel for the National Labor Relations Board issued an internal staff memo explaining how to apply the Board’s recent decision that the confidentiality and nondisparagement provisions in an employer’s severance agreements violated the National Labor Relations Act (NLRA). The general counsel is the agency’s top enforcement lawyer, who approves…

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Mar 29 2023
WashingtonWorkers’ Comp

Individual Retros: Reduced refunds are likely under L&I’s proposed changes

The Department of Labor and Industries (L&I) has proposed changes to the insurance tables that will reduce refunds for more than 80% of individual retros in Washington state. Are you one of them? In our experience, most companies choose to participate in an individual retro for two primary reasons: They believe that they can outperform…

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Mar 16 2023
Harassment & DiscriminationWashington

WASHINGTON: Seattle is first to ban caste discrimination

Seattle has become the first city in the U.S. to include caste as a legally protected class for unlawful workplace discrimination. The Seattle city council voted on February 22, 2023, to amend the city law to ban caste discrimination in workplaces, housing, and public services. The new ban was signed into law by Seattle’s mayor…

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Mar 16 2023
COVID-19CaliforniaOregon

Healthcare masking to end April 3, 2023, in CA, OR, and WA

Wearing a mask in healthcare settings will no longer be required in California, Oregon, or Washington as of April 3, 2023. The announcements from the California Department of Public Health (CDPH), Oregon Health Authority (OHA), and the Washington Department of Health (DOH) all say that masks are still recommended, and healthcare providers are free to…

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If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

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