Blogs

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

Employment Law

Should we use In-House Counsel for Internal Investigations?

While employers strive to minimize the occurrence of workplace conflicts, complaints about employee conduct may still arise. When the complaint involves allegations of discrimination or other unlawful conduct, it is important for the employer to promptly and thoroughly investigate the complaint and take appropriate action if the complaint is substantiated. To manage these investigations, some…

March 23, 2021

Employment Law

Thinking About Hiring an Unpaid Intern this Summer?

With another summer approaching, you may be considering hiring an unpaid intern for the summer months. The process for doing so seems cut and dry. However, litigation around unpaid internships has recently increased due to several lawsuits where interns sued their former employers alleging violations of state and federal wage and hour laws by failing…

March 23, 2021

Employment Law

Complying with DC’s Accrued Sick and Safe Leave Requirements

For employers located in the greater Washington, D.C. metropolitan area, keeping up with multiple states’ employment law requirements can be challenging. Virginia closely tracks the federal laws that govern employers on issues such as the Family Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), with only some minor variations, while Maryland mandates…

March 23, 2021

Employment Law

Avoiding Liability Under the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes requirements regarding the compensation of employees working in the private sector and in federal, state, and local government positions. To protect employees, the FLSA also prohibits retaliation by employers against employees who filed a complaint that their rights have been violated. In the past, the FLSA’s anti-retaliation provision…

March 23, 2021

Employment Law

Legal Considerations When Terminating an Employee

Do you have an employee whose performance isn’t cutting it? If so, you will want to read this summary of the considerations and steps to take before terminating an employee. Many employers fire employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later.…

March 23, 2021