Blogs

Employment Law

DOL Final Rule: Employers Can Pay Bonuses and Premium Pay Under FLSA Fluctuating Workweek Compensation

On May 20, 2020, the U.S. Department of Labor (DOL) announced a new final rule clarifying that employers are permitted to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. Such bonus or premium pay, on top of the fixed salary paid to an employee, are compatible…

June 9, 2020

Employment Law

Can Virginia Employees Still Get Paid Leave Under the FFCRA After Businesses Reopen and Schools Close?

As Virginia businesses are beginning to reopen for work under Governor Ralph Northam’s Order easing many COVID-19-related business restrictions, most public and private school systems in the Commonwealth are beginning to wind down the school year and close for summer break. The dichotomy of openings and closings raises a key question for many workers with…

June 3, 2020

Employment Law

Virginia Adds a “Ban the Box” Law for Pot Possession

Ban-the-box restrictions have increased in popularity among U.S. states and localities during the last decade. “Ban the box” refers to laws that variously prohibit or restrict employers from requiring applicants for employment to divulge their criminal history through a check box on an application for employment. The theory behind “ban the box” statutes is that…

May 26, 2020

Employment Law

Employees in Virginia are Heading Back to the Workplace. What Can Employers Ask or Do?

On May 8, 2020, Virginia Governor Ralph Northam issued an Executive Order implementing Phase One of his plan to ease many of the current COVID-19-related restrictions on businesses and public activities for most jurisdictions in the Commonwealth, effective as of May 15, 2020. But not in Northern Virginia, where the region has yet to achieve…

May 19, 2020

Employment Law

Virginia Enacts Dramatic and Far-Reaching Employment Law Protections

Virginia Governor Ralph Northam has signed into law nearly two dozen bills that provide significant new rights for Virginia employees, including legal protections to combat wage theft, prohibit non-compete covenants for low-wage workers, and expand the scope of the ban on workplace discrimination. Also signed into law by Governor Northam were enhanced employee whistleblower protections…

April 27, 2020

Business and Financial Services

What Can Employers Ask and Do About Their Employee’s Health During the Coronavirus Crisis? Answers from the EEOC

EEOC Update, May 7, 2020 The coronavirus pandemic has had an undeniably dramatic and devastating impact on public health in the U.S. It also has had dire consequences for the U.S. economy and businesses across the country. Many nonessential businesses have been forced to close altogether. Those that have been permitted, or required, to continue providing essential services, including many retailers, have struggled to find ways to keep workers from getting sick from coronavirus, and keep their…

April 14, 2020

Business and Financial Services

Documentation and Recordkeeping: COVID-19 Paid Leave and Employer Paid Leave Tax Credits

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”), which creates two new emergency paid leave requirements in response to the COVID-19 global pandemic. The FFCRA covers private employers with fewer than 500 employees and certain public employers. Overview of Paid Sick Leave Law Division E of the…

April 7, 2020

Business and Financial Services

Emergency Paid Leave Laws: DOL Issues Additional FAQs to Answer Employer Questions

By all accounts, the coronavirus public health crisis continues to worsen, affecting the health of many of your workers. On March 30, 2020, the governors of Maryland and Virginia both issued expansive stay-at-home orders. The District of Columbia was already under similar restrictions. Most employees of non-essential businesses on both sides of the Potomac will be forced to stay away from work, as a result of yesterday’s executive orders. Schools and day care facilities for the children of…

April 2, 2020

Business and Financial Services

DOL Issues Second FAQs: Provides More Guidance to Employers on Paid Leave Laws

On March 26, 2020, the Department of Labor (DOL) issued a second set of FAQs to address some of the fundamentally important questions that employers have been asking about new paid sick and FMLA leave under the Families First Coronavirus Response Act (FFCRA), which goes into effect on April 1, 2020 . The second FAQs elaborate in some areas on the first set of FAQs issued by the DOL and in other areas provide a first look at the agency’s thinking about how the new paid leave laws are intended…

March 30, 2020

Business and Financial Services

Trump Signs Law: U.S. Workers Get Expanded FMLA Leave and Paid Sick Leave

Yesterday, the Families First Coronavirus Response Act (the “Act”) became law when President Donald Trump signed it. The Act will provide significant relief to a wide swath of workers across the country, in response to the COVID-19 public health emergency. In particular, the Act provides millions of U.S. workers with up to twelve weeks of FMLA leave (the “FMLA Expansion Act”), with most of it paid, and as much as two weeks of paid sick leave (the “Paid Sick Leave Act”) for personal or family…

March 19, 2020