From our Blog
March 3, 2021
MARIJUANA IN THE WORKPLACE
Most employers have policies in their employee handbooks prohibiting the use or possession of alcohol or illegal drugs in the workplace. These policies also typically permit drug testing of employees in certain circumstances, and provide for discipline if an employee tests positive for banned substances. In view of recent legislative developments in Virginia and nationally concerning marijuana, employers should revisit those handbook policies and determine whether any revision is appropriate.
February 11, 2021
Virginia May Ban Salary History Questions This Year
tOne of the few employment-related laws introduced-but-not-passed in the 2020 General Assembly was a prohibition against some employers (25+ EEs) requiring a prospective employee to disclose their salary history, asking them about it on a job application or in an interview, or seeking that information elsewhere. The VEC would administer the new law, which would carry a civil penalty.
Blog Categories:February 9, 2021
RECENT WORKPLACE COVID-19 DEVELOPMENTS
Employers should note two recent developments concerning Covid-19 in the workplace. First, Virginia’s permanent COVID-19 workplace safety and health rules took effect on January 27 after Governor Northam approved the standards adopted by the Virginia Department of Labor and Industry’s Safety and Health Codes Board the previous week.
January 19, 2021
INDEPENDENT CONTRACTOR CLASSIFICATION
The U.S. Department of Labor (DOL) has announced a final rule clarifying the standard for classifying a worker as an independent contractor rather than employee under the Fair Labor Standards Act. The effective date of the final rule is March 8, 2021.
January 5, 2021
PAID LEAVE UNDER NEW STIMULUS LAW
Most employers have been aware of the paid leave requirements of the Families First Coronavirus Response Act (FFCRA). The FFCRA has required employers with fewer than 500 employees to pay certain amounts of sick and family leave related to coronavirus. The requirements of that law, however, expire on December 31, 2020.
November 19, 2020
DISCIPLINARY ACTIONS FOR EMPLOYEES’ OFFENSIVE OUTBURSTS
The National Labor Relations Board (NLRB) in recent years has issued a series of decisions protecting employee statements that included profane, sexist or racist comments, if those statements were made while employees were participating in protected activity under the National Labor Relations Act (NLRA). Among other things, the NLRA protects employees' rights to discuss the terms and conditions of their employment. For example, the NLRB ruled that racist remarks made while picketing and a profane social media tirade were protected.November 16, 2020
NEW CDC “CLOSE CONTACT” GUIDELINES
NEW CDC “CLOSE CONTACT” GUIDELINESThe U.S. Centers for Disease Control and Prevention (CDC) has revised and expanded its guidelines concerning what it means to have been in "close contact" with an infected person. Under prior guidance, the CDC defined a close contact as someone who spent at least 15 consecutive minutes within six feet of an infected person, thus putting the person at higher risk of contracting the virus.October 14, 2020
VIRGINIA OSHA NOTIFICATION REQUIREMENTS FOR COVID
VIRGINIA OSHA NOTIFICATION REQUIREMENTS FOR COVIDAs we discussed in our previous blogs, the new workplace safety rules adopted by the Virginia Safety and Health Codes Board in response to the coronavirus pandemic are now in effect.September 22, 2020
PAID LEAVE RULES REVISED BY D.O.L.
PAID LEAVE RULES REVISED BY D.O.L.In response to a federal court decision, the U.S. Department of Labor has revised its guidance concerning the paid leave requirements of the Families First Coronavirus Response Act (FFCRA).August 27, 2020
DOL ISSUES NEW FMLA FORMS
DOL ISSUES NEW FMLA FORMSEmployers covered by the Family and Medical Leave Act (employers with 50 or more employees within 75 miles) should be aware of the newly-revised FMLA forms posted by the U.S.Pages
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