Blogs

Employment Law

Big News for Big Employers: Sixth Circuit Court of Appeals Reinstates OSHA COVID Workplace Safety Standards for Large Employers

The Occupational Safety and Health Administration’s (“OSHA”) on-again-off-again COVID workplace safety regulations requiring businesses with 100 or more employees to mandate COVID vaccines for those employees or require face masks and weekly testing (the “ETS”) are back on, reinstated by the Sixth U.S. Circuit Court of Appeals in a decision issued on December 17, 2021.…

December 20, 2021

Employment Law

Employment Law in Focus

In Episode 14 of Employment Law in Focus, attorney Doug Taylor discusses the new amended COVID-19 workplace safety regulations that went into effect on September 8, 2021, in Virginia. Douglas Taylor is a shareholder at Bean, Kinney & Korman focusing his practice on employment law, where he has nearly 25 years of experience. For more…

September 17, 2021

Employment Law

What if Your Employee Refuses to Get the COVID-19 Vaccine?

In light of recent directives from the Biden Administration, an increasing number of employers with COVID-19 vaccine mandates will be faced with the question of what to do if an employee refuses to get vaccinated. Vaccine Mandates In July 2021, President Biden announced vaccination requirements for federal government employees and called on the private sector…

September 16, 2021

Business and Financial Services

Fourth Circuit Concludes that Title IX’s Prohibition Against Discrimination on the Basis of “Sex” May Extend to Charter School Uniforms

Title IX of the Education Amendments of 1972 (“Title IX”) is straightforward in its prohibition: [N]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination [in] any academic, extracurricular, . . or other education program or activity[.] The statute has unquestionably transformed…

August 11, 2021

Business and Financial Services

Virginia Expands Workplace Protections for Individuals with Disabilities

The rapid evolution of Virginia workplace laws continues with the Virginia General Assembly’s passage of HB 1848, which extends employee workplace protections under the Virginia Human Rights Act (“VHRA”) to include a prohibition on discrimination against individuals with disabilities. The VHRA is applicable to Virginia employers with six or more employees. Effective July 1, 2021,…

July 12, 2021

Business and Financial Services

The New Virginia Overtime Wage Act: Big Changes are Coming for Many Virginia Employers

In our blog posts last year, we chronicled the sea change in employment laws that has been underway in Virginia, in areas such as misclassifying employees as independent contractors and workplace discrimination. Virginia has had a well-earned reputation as a state with workplace rules and regulations typically favoring businesses over employees. However, the Commonwealth has…

July 1, 2021

Business and Financial Services

Tackling the New Normal – EEOC Issues Updated Guidance for COVID-19 Vaccines in the Workplace

With a significant percentage of individuals now fully vaccinated against COVID-19, businesses are beginning to reopen or expand in-the-office activity in Northern Virginia and across the Commonwealth. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated and expanded technical assistance targeted to answer some of the frequently asked questions concerning COVID-19 vaccinations…

June 8, 2021

Employment Law

Fourth Circuit Nixes Appellate Review of Arbitration Award

Ar*bi*tra*tion – is a procedure in which the parties opt for a private dispute resolution, instead of going to court, by submitting the dispute to one or more arbitrators to make a binding decision. Certain businesses routinely utilize employment arbitration agreements, finding them to be an effective means of dealing with the uncertainties of workforce…

May 27, 2021

Employment Law

Fourth Circuit Adopts Expansive View of Same-Sex Harassment

A recent decision of a panel of the U.S. Fourth Circuit Court of Appeals offers an important reminder for employers: There is potential legal risk in ignoring or brushing off an employee who comes forward with complaints of sexual harassment by a supervisor — even when the employee and supervisor are both of the same…

May 25, 2021

Employment Law

The Risks of Engaging Foreign Independent Contractors

In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live in other countries to perform services as independent contractors. This practice has become even more prevalent during the COVID-19 pandemic with the broad expansion of remote work. Companies can save money hiring independent contractors…

May 3, 2021