Blogs

Employment Law

What is a “Low Wage” Worker and Why It Matters to Virginia Employers

The Virginia Department of Labor and Industry (DOLI) announced recently that the average weekly wage, which is used to define “low wage employee” in the Commonwealth would increase to $1,410 per week in 2024, up from $1,343 per week in 2023. Why might that matter if you are a Virginia employer? Since 2020, Virginia law…

February 7, 2024

Employment Law

When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?

For the first time in more than two years, the northern Virginia area was blanketed by a significant winter storm recently, with enough snow accumulation that many businesses made the decision to close for the day. Those office closures likely raised questions that many Virginia employers hadn’t thought about for a while: Do I have…

January 22, 2024

Business and Financial Services

What is “Beneficial Ownership” under the Corporate Transparency Act?

In a move to fortify transparency within corporate America, the enactment of the Corporate Transparency Act (CTA or Act) and its implementing regulations have introduced critical changes to the reporting and disclosure requirements for businesses. A central aspect of this legislation is the concept of “beneficial ownership.” This term, crucial yet complex, is essential for…

January 8, 2024

Employment Law

The Employee’s Handbook to Holiday Work

The holiday season often brings a surge in work hours, especially for those in the retail and service industries. This period, while potentially lucrative for both employers and employees, also brings with it questions about holiday pay, overtime, and legal rights. This article aims to address these concerns, offering clarity and some guidance to help…

December 14, 2023

Employment Law

NLRB Delays Start Date for New Joint Employer Rule

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a new rule, with an effective date of December 26, 2023, establishing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. A more…

November 22, 2023

Employment Law

Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a long-awaited new rule addressing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. Under the NLRB’s new rule, one company may be…

November 16, 2023

Employment Law

The Risks of Reusing Employment Document Templates

As we navigate through 2023, the employment law landscape continues to shift and evolve, more so than many experts had anticipated. The dynamic regulatory framework has been particularly noteworthy, with federal government agencies actively weighing in and reshaping the contours of employment documentation. Of particular interest to employers should be the close scrutiny severance agreements…

October 30, 2023

Employment Law

Flex Drivers are Amazon Employees, not Contractors, Says Virginia Appeals Court

In a case with significant consequences for gig economy workers and businesses in the Commonwealth, the Virginia Court of Appeals ruled recently that Amazon Logistics, Inc. (Amazon) had misclassified Ronald Diggs, a Flex delivery driver, as an independent contractor, when, in fact, he was an Amazon employee. With the Court’s finding, Amazon now owes unemployment…

October 23, 2023

Employment Law

EEOC Touts its Aggressive Enforcement Efforts in FY’23

On September 29, 2023, the Equal Employment Opportunity Commission (EEOC or Commission) announced its year-end litigation round-up, summarizing the Commission’s enhanced efforts to enforce federal employment laws. The EEOC enforces Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Equal Pay Act, and parts of the Americans with Disabilities Act.…

October 2, 2023

Employment Law

New Overtime Protections: What Employers and Employees Need to Know

The U.S. Department of Labor (DOL) recently shook up the labor market with an announcement that could significantly impact 3.6 million low-paid salaried workers in the United States. Under the new rule proposed by the DOL, the new salary threshold for overtime pay eligibility under the Fair Labor Standards Act (FLSA) would be set at…

September 14, 2023