Labor & Employment

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The law on marijuana is changing so rapidly that I anticipate this article will be outdated before I finish it.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

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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

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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

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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)

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01/16/2019Vania Ratliff

(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

01/15/2019Vania Ratliff

(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 »

U.S. Supreme Court Rules In Favor Of Employment Agreements Requiring Arbitration On An Individual Rather Than Class Or Collective Basis.

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05/24/2018Bibeau Anne G.

The U.S. Supreme Court issued its opinion in Epic Systems Corp. v. Lewis on May 21, 2018, holding that employers and employees can agree in arbitration agreements that claims must be brought on an individual, rather than class or collective, basis. This decision reaffirms the federal policy favoring arbitration and a long line of cases requiring courts… Read more »

Agreements Not to Hire Another Business’s Employees And Sharing Wage Information May Violate Antitrust Laws

Attorneys

05/10/2018Bibeau Anne G.

By agreeing not to poach another business’s employees, or by sharing information with another business about your employees’ wages, you may be violating antitrust laws. The U.S. Justice Department’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) are taking an aggressive stance against such business practices and warning that they may trigger civil and… Read more »