Labor & Employment

DOL Revises its FFCRA Paid Leave Rule To Narrow the Category of Health Care Providers that Can Be Exempted from the Paid Leave Requirements

09/14/2020Bibeau, Anne G.

On August 3, 2020, the Southern District of New York issued an opinion invalidating certain portions of the U.S. Department of Labor’s (“DOL”) Temporary Rule on the paid leave requirements of the Families First Coronavirus Response Act (“FFCRA”). The DOL has responded by revising its Temporary Rule. The revision, which goes into effect on September… Read more »

Emergency Temporary Safety Rules Effective July 27 in Virginia

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07/28/2020Lowenstein, Neil S.

This article is the third and final in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 2. On July 27, 2020, the Virginia Occupational Safety and Health (VOSH) program published the Virginia Safety and Health Codes Board’s (the Board) Emergency Temporary Standard… Read more »

Heat-Related Illness Prevention: A Short Guide for Employers

07/21/2020Lowenstein, Neil S.

Many parts of the United States are experiencing record high temperatures this summer, which means many employees are at a greater risk of heat-related illness. As temperatures and humidity rates continue to rise, it is a reminder for employers to make sure they are protecting the health of their employees who are exposed to such… Read more »


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07/17/2020Klinedinst, Arlene F.

 WHAT VIRGINIA EMPLOYERS CAN EXPECT IN THE COMING WEEKS This article is the second in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 1 and Part 3.   With the Virginia Department of Labor and Industry’s adoption of 16 VAC 25-220; which is called the… Read more »

New Emergency Temporary Standard Will Apply to Employers in Virginia

07/15/2020Sterling, Michael L.

This article is the first in a three-part series discussing the New Emergency Temporary Standards for Employers in Virginia. Click here to read Part 2 and Part 3. Governor Northam’s executive order (EO 63), tasked the Virginia Safety and Health Codes Board (the Board) – which “promulgates and adopts job safety and health standards, [that]… Read more »

Supreme Court Extends Title VII Protections to LGBTQ Workers

06/16/2020Pierce, Michael D.

On June 15, 2020, the United States Supreme Court officially declared that LGBTQ persons are protected from discharge or discipline because of sex under the anti-discrimination provisions of Title VII of the Civil Rights Act of 1964.  The Court’s landmark decision came as somewhat of a surprise considering that the Court’s current conservative majority was… Read more »

CDC Issues Additional Guidance for Businesses on Reopening

05/22/2020Bibeau, Anne G.

Following the nationwide rush to reopen, the Centers for Disease Control (CDC) has issued decision trees for businesses to follow in deciding when to reopen and a brochure with detailed guidance for reducing the risk of infection in the workplace. Much of the information in these new CDC publications is similar to what the CDC… Read more »

Virginia Enacts New Whistleblower Law for Private Employers

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05/21/2020Pierce, Michael D.

Effective July 1, 2020, private employers in Virginia will have a number of new legal obligations and potential liabilities. One of these new laws is Virginia Code § 40.1-27.3, the Fraud and Abuse Whistleblower Protection Act. This new law creates several new protections for employees involved in reporting suspicious, questionable, or unlawful employer activity. The… Read more »

U.S. Department of Labor Expands Overtime Exemption for Commission-Based Employees of Retail or Service Establishments

05/20/2020Pierce, Michael D.

On May 18, 2020, the Wage and Hour Division of the U.S. Department of Labor (DOL) announced a new final rule to govern the determination of whether an employer qualifies as a “retail or service” establishment for purposes of applying an overtime exemption to commission-based employees. Section 7(i) of the Fair Labor Standards Act (“FLSA”)… Read more »

BRACE YOURSELF: Virginia Employers Should Prepare Now for an Onslaught of Litigation

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05/07/2020Bibeau, Anne G.

It is impossible to understate the magnitude of the change in Virginia employment law in 2020. Previously, Virginia had few employment laws and provided few employee rights. The General Assembly in 2020, however, passed several laws greatly expanding employee rights and providing new causes of action, and monetary damages, against employers. Businesses need to understand… Read more »