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Dec 23 2019
Wage and Hour

Department of Labor updates “regular rate” rules

The U.S. Department of Labor (DOL) has updated its guidance on the “regular rate” requirements under the Fair Labor Standards Act (FLSA). Under the FLSA, employers must pay workers overtime of at least one-and-a-half times the “regular rate” for hours worked beyond 40 hours per workweek. The regular rate could just be a worker’s normal…

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Dec 23 2019
Leave LawsQ&AWage and Hour

Q&A: Keep sick leave laws in mind before denying holiday pay

Question: Our policy requires employees to work their last scheduled day before a holiday and first scheduled day after a holiday in order to be eligible for holiday pay. In the past, some employees have called in sick when they were scheduled to work the day before or after a holiday, and have used accrued…

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Dec 23 2019
Employee BenefitsLeave LawsWashington

Washington Paid Family & Medical Leave rules finalized; access our resources

January 1, 2020, the date your employees will be able to apply for Washington Paid Family and Medical Leave (WPFML) benefits, is right around the corner. Here’s an update on where things stand and a reminder about our resources: Rulemaking: The Washington Employment Security Department (ESD) has completed its rulemaking (click the “INFO” tab for…

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Dec 13 2019
Wage and HourWashington

ALERT: Washington changes salary and duties tests for exempt employees

On December 11, 2019, Washington’s Department of Labor and Industries (L&I) announced major changes to Washington’s minimum salary requirements for exempt workers and to the “duties test” for executive, administrative, and professional workers, which will be effective July 1, 2020. As Vigilant previously reported, when L&I first proposed these rules, Vigilant submitted comments suggesting a…

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Dec 10 2019
Harassment & Discrimination

Q&A: Approach retirement discussions with caution

Question: We are downsizing our accounting department. Two long-term employees over the age of 60 have repeatedly mentioned their intention to retire soon. They also have the highest salaries in the department. Can we eliminate their positions in the reduction in force? Answer: Not for the reasons you suggest! Proximity to retirement is an age-based…

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Dec 10 2019
Leave LawsWashington

Washington Paid Family and Medical Leave resources released

The Washington Employment Security Department (ESD) just released new resources to help your employees apply for Paid Family and Medical Leave (PFML) benefits starting on January 1, 2020. The downloadable tools are available here, and include a Parent’s Guide (how to apply for bonding leave), a Patient and Family Guide (how to apply for leave…

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Dec 10 2019
Q&A

Q&A: Winter is coming! Review your inclement weather policy

Question: During bad weather there are times when some employees can’t make it in to work or when we close the business entirely for the day. Under what circumstances are we required to pay employees? Answer: It depends on the circumstances. The rules are different for salaried exempt employees compared to non-exempt (overtime-eligible) employees. Exempt…

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Nov 21 2019
OregonWage and Hour

Oregon employers must ensure workers take meal periods

The Oregon Court of Appeals has ruled that employers have a duty to ensure that workers actually take the meal periods required by state regulations. With limited exceptions, the Oregon Bureau of Labor and Industries (BOLI)’s regulations on meal and rest periods require employers to provide a 30-minute unpaid meal period for each work period…

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Nov 13 2019
Labor Relations

Employer unlawfully surveilled workers’ pro-union Facebook page

An employer engaged in unlawful surveillance in violation of the National Labor Relations Act (NLRA) by asking a worker to gather information and report back about a pro-union, private Facebook group to which other workers belonged, according to a recent decision by the National Labor Relations Board. Under the NLRA, an employer can’t “interfere with,…

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Nov 13 2019
DisabilityHiringQ&A

Q&A: Catch-all language in job description not much help in ADA defense

Question: Is it okay to have the language “other duties as required” in a job description? Answer: Sure, it’s common to include that catch-all language in a job description. However, you shouldn’t rely on that language to incorporate regular duties that are important for the particular job. Under the Americans with Disabilities Act (ADA), an…

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Nov 13 2019
Safety and Health

New hire fatality from wood chipper results in $67k penalty

A sole proprietor of a tree-trimming business was ordered to pay $66,986 in penalties after an employee was killed by a wood chipper on his first day on the job. A crew of four workers, including the new employee, met in the morning at the owner’s house. Two of the workers were experienced; one of…

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Nov 08 2019
Leave LawsWashington

Washington Paid Family & Medical Leave Resources

Washington Paid Family & Medical Leave is coming. Starting on January 1, 2020, your employees will be able to apply for Washington Paid Family and Medical Leave benefits. The law created a lot of questions and many employers are still struggling to find answers. We’re here to help. Below you will find a number of…

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