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Apr 07 2022
Leave LawsWashington

WASHINGTON: New law makes changes to PFML

The Washington legislature passed a handful of changes to the Paid Family and Medical Leave (PFML) program, which were signed into law by Governor Jay Inslee on March 30, 2022 (SSSB 5649). These key changes are effective June 9, 2022: Family leave may now be used for bereavement for seven calendar days after the death…

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Mar 22 2022
WashingtonWorkers’ Comp

Keep good company for large retro refunds

Receiving consistently large Retro refunds requires being in good company. When evaluating your current Retro program or investigating in a Retro for the first time, a critical component to consider is the company you will keep. For any Retro program to deliver consistently strong premium refunds, it must surround you with other best-in-class employers. We…

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Mar 17 2022
COVID-19Safety and Health

COVID-19 protocols decreasing but not gone yet

California, Oregon, and Washington’s workplace mandates related to COVID-19 (coronavirus) are being whittled away but continue to evolve, so we’ve captured a high-level overview in three new Legal Guides, entitled “At a Glance: COVID-19 Compliance” in California, Oregon, and Washington. Two recent developments in California and Oregon are of particular note: In California, Executive Order…

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Mar 17 2022
Wage and Hour

Q&A: Include shift differentials and bonuses in overtime calculations

Question: A swing shift employee contacted Payroll, upset that her overtime rate didn’t include her shift differential. Our policy is to only use the base rate when calculating overtime. Is that okay? Answer: The federal Fair Labor Standards Act (FLSA) requires nonexempt employees to be paid overtime at one-and-one-half times their “regular rate,” not just…

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Mar 17 2022
HiringWage and HourWashington

President signs new arbitration law

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (H.R. 4445) into law. Vigilant recently reported on the significant changes and impact of H.R. 4445 on mandatory arbitration agreements. Tips: We encourage you to ensure that your anti-harassment policies are up to date and to promptly…

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Mar 17 2022
Affirmative ActionHarassment & Discrimination

Federal contractors subject to two-pronged pay equity focus

On March 15, 2022, the Office of Federal Contract Compliance Programs (OFCCP) issued a pay equity directive and President Biden issued an executive order related to pay equity for federal contractors. Both were timed to coincide with Equal Pay Day. The OFCCP’s Directive 2022-01 (Pay Equity Audits) reminds federal contractors of their obligation under existing…

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Mar 03 2022
COVID-19OregonSafety and Health

OREGON: No more quarantine after exposure as of March 12, 2022

The Oregon Health Authority (OHA) has announced that quarantining after exposure to COVID-19 (coronavirus) will no longer be necessary for the general population, including K-12 and childcare settings, beginning on March 12, 2022. OHA will continue to recommend quarantining in high-risk settings, such as health care settings, correctional facilities, and shelters, however. Also, OHA’s isolation…

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Mar 03 2022
COVID-19CaliforniaLeave Laws

CALIFORNIA: FAQs published for 2022 Supplemental Paid Sick Leave

The California Labor Commissioner has published updated FAQs about the COVID-19 2022 Supplemental Paid Sick Leave (SPSL) law, which applies to employers with 26 or more employees. As we previously reported, the 2022 SPSL law (SB 114) took effect on February 19, 2022, requiring covered employers to provide SPSL to employees who are unable to…

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Mar 03 2022
Safety and Health

OSHA proposes updating powered industrial truck design standards

On February 16, 2022, OSHA published a proposed rule that would update the design and manufacturing standards for powered industrial trucks used in general industry and construction. The current rules at 29 CFR 1910.178(a) and 29 CFR 1926.602(c) refer to standards developed in 1969 by the American National Standards Institute (ANSI). The proposal would require powered…

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Mar 03 2022
COVID-19CaliforniaOregon

West coast states ending indoor mask requirements

California, Oregon, and Washington are ending indoor mask requirements this month for most situations. California Governor Gavin Newsom announced that starting March 1, 2022, masks are no longer required for unvaccinated individuals in public indoor spaces and starting March 12, 2022, masks will no longer be required in schools. Oregon and Washington aren’t far behind….

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Mar 03 2022
Leave Laws

Q&A: Don’t let frustration and doubt impact leave law compliance

Question: We have an employee with terrible attendance who’s now asking for 4 weeks off to have surgery in Korea, although we suspect she just wants to take time off to see family. Can we apply our attendance policy if she takes the trip and doesn’t come to work? Answer: These kinds of situations are…

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Feb 17 2022
COVID-19Safety and HealthWashington

WASHINGTON: Indoor mask mandate to end March 21, 2022

Washington governor Jay Inslee held a press conference on 2/17/22 and announced that on March 21, 2022, the state will no longer require masks in public indoor spaces (including workplaces) and schools. The following proclamations from the governor have been updated: Proclamation 21-08.01 COVID-19 Safe Workers. Proclamation 20-25.18 COVID-19 Washington Ready. Proclamation 20-03.07 Face Coverings…

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