Blogs

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

Employment Law

COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021

President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law on March 11, 2021. The $1.9 trillion relief package contains several provisions that will impact employers, including a requirement that employers provide “assistance eligible individuals” (defined below) with fully subsidized COBRA continuation coverage premiums for the time period of April 1,…

April 13, 2021

Employment Law

Bean, Kinney & Korman: Helping to Develop Cost-Effective COVID-19 Workplace Safety Policies and Procedures that Meet Virginia’s New Regulatory Requirements and OSHA, CDC Guidelines

With COVID-19 vaccines becoming more readily available in the U.S. and a larger percentage of individuals having been vaccinated, businesses are beginning to reopen or expand in-the-office activity in Northern Virginia and across the Commonwealth. Businesses, both large and small, should be giving serious thought to the COVID-19 workplace safety policies and procedures that all…

April 5, 2021

Employment Law

Construction Services Company Flagged for Unpaid Employee Travel Time

The U.S. Department of Labor (DOL) continues to focus considerable enforcement attention on when employees must be paid for travel time between home and their office or worksite under the Fair Labor Standards Act (FLSA). Construction and building trades companies remain at the forefront of the enforcement efforts of the DOL’s Wage and Hour Division…

April 1, 2021