From our Blog
April 13, 2022
NONCOMPETE AGREEMENTS UPDATE
One of our previous blogs discussed the 2020 Virginia statute (§ 40.1-28.7:8. Covenants not to compete prohibited as to low-wage employees; civil penalty (virginia.gov)) that restricted the use of noncompete agreements. A couple of little-noticed provisions in the statute deserve further comment.
March 22, 2022
VIRGINIA OSHA COVID-19 STANDARD WITHDRAWN
Yesterday, March 21, 2022, the Safety & Health Codes Board of the Virginia Department of Labor and Industry (DOLI) voted to revoke the Standard for Covid-19 prevention that has been regulating Virginia workplaces. The revocation is effective March 23, 2022. In place of the Standard, DOLI issued a new draft Guidance that reflects the current state of Covid infections. The draft Guidance can be found at
March 8, 2022
COBRA DEADLINES EXTENDED AGAIN DUE TO THE PANDEMIC
On February 18, Joe Biden extended the Covid-19 National Emergency for an additional year. This means that certain deadlines for COBRA and HIPAA such as the following continue to be extended:
March 1, 2022
President Expected to Sign Mandatory Arbitration Ban for Sexual-Harassment Claims
A bill has been sent to the president's desk that would ban pre-dispute employment arbitration agreements for sexual-harassment and sexual-assault claims. The House overwhelmingly approved H.R. 4445 in a 335-97 vote on Feb. 7. The Senate passed the measure on Feb. 10, and President Joe Biden is expected to sign the bill into law. Although the bill bans pre-dispute agreements to arbitrate sexual-harassment claims, employees can opt for arbitration after the claim arises.
February 17, 2022
Safety and Health Codes Board votes to withdraw Virginia's Permanent COVID-19 Standard
The Safety and Health Codes Board of the Virginia Department of Labor convened on February 16, 2022 to discuss whether there is a continued need for the “Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes Covid-19”. By a 7-3 vote, the Board voted to withdraw the standard, following the recommendation of the Virginia Occupational Safety and Health Administration that a “grave danger” to workers no longer exists and the standard is no longer legally justified.
February 10, 2022
DOL RULES FOR HEALTH PLANS AND COVID TEST COSTS
The Employee Benefits Administration, an arm of the U.S. Department of Labor, on February 4 issued new guidance about the requirement for health plans to cover the cost of certain COVID test kits. The requirement is part of the Affordable Care Act as supplemented by federal COVID-related laws.
January 13, 2022
SUPREME COURT BLOCKS OSHA MANDATE
The U.S. Supreme Court today blocked Occupational Safety and Health Administration's (OSHA's) emergency temporary standard requiring businesses with at least 100 employees to ensure workers are vaccinated against the coronavirus or wear masks and undergo weekly COVID-19 testing. The Court, however, allowed the federal government through CMS to require COVID-19 vaccination for health care workers at Medicare- and Medicaid-certified providers and suppliers.
December 20, 2021
OSHA COVID VACCINE MANDATE STAY LIFTED
A federal appeals court had issued an injunction staying the OSHA rule that required employers with at least 100 employees to ensure workers are either vaccinated or tested weekly and wear masks. Because there were numerous lawsuits challenging the rule pending in the federal circuit courts around the country, the cases were consolidated into the 6th Circuit Court of Appeals. Late on Friday night, the 6th Circuit lifted the stay, allowing the rule to remain in effect. The Court’s decision can be found at
- Read more about OSHA COVID VACCINE MANDATE STAY LIFTED
December 15, 2021
FEDERAL CONTRACTOR VACCINE MANDATE INJUNCTION
On December 7, a federal judge in Georgia issued a nationwide injunction preventing the Executive Order mandating federal contractor employee vaccinations from going into effect. Courts had previously enjoined the separate OSHA rule that applies to employers with at least 100 employees. The injunction has nationwide effect because one of the parties to the lawsuit was a nationwide contractor trade association. That injunction will certainly be appealed, so this is not the last word on the subject. The case likely will ultimately be decided by the U.S.
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