From our Blog
May 23, 2023
INTERNS AND VOLUNTEERS
Employers often use unpaid interns and volunteers in their businesses. The Fair Labor Standards Act (FLSA) has strict rules regulating those categories. Failure to follow those rules can result in expensive penalties from the federal Department of Labor.
May 1, 2023
2023 VIRGINIA LEGISLATIVE UPDATE
The Virginia General Assembly’s 2023 session produced some new laws relating to employment issues which will take effect July 1.
April 13, 2023
VIRGINIA NONCOMPETE AGREEMENTS UPDATE
In previous blogs we have discussed several aspects of the 2020 Virginia statute (§ 40.1-28.7:8.
March 24, 2023
FMLA ELIGIBILITY
Many employers and employees are under the mistaken assumption that the Family and Medical Leave Act (FMLA) applies to all employers and employees. In fact, the FMLA applies only to employers that have a worksite with 50 or more employees within a 75 mile radius. In addition, even if an employer is covered by the Act, individual employees might not be eligible for coverage.
March 24, 2023
NLRB VOIDS COMMON SEVERANCE AGREEMENT PROVISIONS
The National Labor Relations Board (NLRB) has overruled its own precedent and has decided that certain common provisions in severance agreements violate the National Labor Relations Act (NLRA). Employers generally have included confidentiality and nondisparagement provisions in severance agreements.
February 16, 2023
REMOTE WORKERS AND COMPENSABLE TIME
The U.S. Department of Labor (DOL) has issued new guidance concerning compensable time for remote workers. The guidance attempts to clarify certain issues that frequently arise with remote work, and can be found here: 2023-1.pdf (dol.gov) .
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.
