From our Blog
January 9, 2023
FTC’S PROPOSED RULE BANNING NONCOMPETE AGREEMENTS
The Federal Trade Commission (FTC) has issued a proposed new rule that would ban noncompete agreements nationwide. In its proposal, the FTC states that noncompetes are an unfair method of competition, and thus violate the Federal Trade Commission Act. The proposed rule can be found here:
https://www.ftc.gov/legal-library/browse/federal-register-notices/non-compete-clause-rulemaking
November 21, 2022
DOL’S PROPOSED OVERTIME RULE
The U.S. Department of Labor (DOL) had predicted it would issue its proposed new rule to overhaul the overtime regulations of the Fair Labor Standards Act in October, but we are still waiting for that proposal.
October 30, 2022
GROUP HEALTH PLAN REQUIREMENTS EXTENDED
The Biden administration on Oct. 13 extended the COVID-19 public health emergency for an additional 90 days, keeping emergency measures in place through Jan. 11. The public health emergency declaration is important to group health plan sponsors because it determines the period during which group health plans and insurers must pay for Covid-19 tests and related services without charging cost-sharing. The coverage requirements apply to payment through both medical plans and pharmacy benefits.
October 13, 2022
NEW PROPOSED INDEPENDENT CONTRACTOR RULE
A new proposed rule has been issued by the U.S. Department of Labor (DOL) to clarify who qualifies as an independent contractor under the federal wage and hour law. The federal rule concerning independent contractors has been confusing in recent years because it has periodically been revised depending upon whether a Democratic or Republican presidential administration has been in power. The new proposed rule will make it more difficult to classify workers as independent contractors.
August 15, 2022
NONCOMPETE AGREEMENTS 2022 WAGES UPDATE
In previous blogs we have 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 restricts the use of noncompete agreements. Employers who use noncompete agreements for the limited category of employees should review annually the updates to the average weekly wage.
June 20, 2022
I-9 FORM VERIFICATION FOR REMOTE WORKERS
All employers must complete an I-9 form for all workers to verify their employment eligibility. The I-9 requires the employee to present certain documents to the employer in order to establish the employee’s identity and work authorization. During the pandemic, the Department of Homeland Security (DHS) waived requirements that employers inspect documents in person in workplaces that were operating remotely, and those employers have been allowed to use alternatives like videoconferencing, fax or email. The waiver is currently extended through the end of October, 2022.
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.
