From our Blog
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.August 17, 2020
NEW VIRGINIA PREGNANCY AND CHILDBIRTH LAW
NEW VIRGINIA PREGNANCY AND CHILDBIRTH LAWAs part of the new Virginia Values Act, a new Virginia Code section extends discrimination protections to pregnant employees.August 15, 2020
REVISED CDC RETURN TO WORK GUIDELINES
REVISED CDC RETURN TO WORK GUIDELINESThe Centers for Disease Control (CDC) has issued revised guidance concerning how long employers should require employees to stay at home after testing positive for Covid-19. Based on evolving medical information about the infectious period of coronavirus, the new guidance reduces the quarantine time from 14 days to 10 days in most cases.Significantly, the new guidance changes the focus from testing to symptoms when deciding when it is saPages