Labor & Employment

U.S. Department of Labor Increases FLSA Salary Threshold

09/27/2019Vandeventer Black

On September 24, 2019, the U.S. Department of Labor (“DOL”) issued the final rule on the salary threshold, making 1.3 million American workers newly eligible for overtime pay.  The final rule raises the standard salary level up from its current level of $455 per week to $684 per week ($35,568 per year for a full-year… Read more »

House Moves to Ban Employment Arbitration Agreements

09/27/2019Vandeventer Black

On September 20, 2019, the U.S. House of Representatives passed a bill to ban mandatory arbitration of employment or consumer claims. The House voted 225 to 186 in favor of the Forced Arbitration Injustice Repeal (FAIR) Act, which would make unenforceable any pre-dispute arbitration agreement that requires arbitration of an employment, consumer, antitrust, or civil… Read more »

HIRING EMPLOYEES UNDER THE AGE OF 18

court room

08/27/2019Ratliff, Vania

A REFRESHER ON FEDERAL AND STATE CHILD LABOR LAWS Recently, an accident in the trenches of a Northern Virginia construction site resulted in the injuring of one employee and the death of another. News reports allege that the deceased employee was only 16 years old. Under both Federal and Virginia child labor laws, the 16-year… Read more »

New Virginia Law Regarding Personnel Records

virginia employment law rules

06/17/2019Bibeau Anne G.

The Virginia General Assembly passed a new law regarding employers’ personnel records. Effective July 1, 2019, Virginia employers must provide a current or former employee (or his/her attorney), upon request, documents reflecting: Dates of employment with the employer; Wages or salary history during the employment; Job description and job title during the employment; or Any… Read more »

A Virginia Employer’s Guide to Marijuana

marijuana law

04/25/2019Bibeau Anne G.

The law on marijuana is changing so rapidly that I anticipate this article will be outdated before I finish it. Check back here regularly for updates! Virginia Law Marijuana remains illegal both federally and in Virginia. Some Virginia jurisdictions are dialing down enforcement of criminal penalties, but they remain on the books. Since marijuana remains… Read more »

Department of Labor Proposes New Rule on Joint Employment Status

People walking

04/03/2019Pierce, Michael D.

On April 1, 2019, the Department of Labor (DOL) announced a proposed rule revising the standard for joint employer status under the Fair Labor Standards Act (FLSA). Once the proposed rule is published in the Federal Register, the public will have 60 days to submit comments to DOL for review. Interested parties may submit comments… Read more »

The Department of Labor Proposes New Rule Regarding the Regular Rate of Pay

american dollar bills

03/29/2019Bibeau Anne G.

The U.S. Department of Labor (DOL) will publish a proposed rule on March 29, 2019, to amend the Fair Labor Standards Act (FLSA) regulations regarding the regular rate of pay (RROP). Interested parties may submit comments on the proposal at www.regulations.gov in the rulemaking docket RIN 1235-AA24 by May 28, 2019. The proposed rule is… Read more »

U.S. Department of Labor Proposes New Salary Threshold

american-bills-business-259130

03/08/2019Bibeau Anne G.

After much anticipation, the U.S. Department of Labor (DOL) has finally proposed new regulations to increase the salary threshold for the Fair Labor Standards Act (FLSA) “white collar” exemptions. The notice of proposed rulemaking would raise the salary threshold to $679 per week ($35,308 per year). Since 2004, the FLSA salary threshold for white collar… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part Two)

Justice concept

01/16/2019Ratliff, Vania

(PART TWO) This is the second and last of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. As Appointments Clause Challenges Continue to Rise, Should Employers and Insurance Companies be Concerned about Re-litigating the Decisions Where an ALJ has Denied… Read more »

Untimely Challenges: Keeping Department Of Labor Decisions Free From Constitutional Appointments Clause Challenges After Lucia V. Sec. (Part One)

people walking

01/15/2019Ratliff, Vania

(PART ONE) This is the first part of a multi-part series regarding the implications that Constitutional Appointment Clause challenges have for prior and current administrative hearings before the Department of Labor. Lucia v. SEC On June 21, 2018, the Supreme Court issued Lucia v. SEC, an important case clarifying the definition of “inferior officers” under… Read more »