Blogs

Employment Law

DOL Releases Proposed FLSA Overtime Regulation Amendments

The Department of Labor (DOL) has just released its long-awaited Notice of Proposed Rulemaking to the white collar exemption under the Fair Labor Standards Act (FLSA). The amendments, if passed, will significantly increase the minimum salary test (from $23,660 to $50,440) for hours worked over 40 in a work week. The amendments will have far-reaching…

July 1, 2015

Employment Law

Employer Risks in Using Employment-Related Criminal Background Checks

Use of employment-related background checks by employers to discover information about the work history, education, criminal record and financial history of job applicants has become ubiquitous. In one recent survey of employers, 92% of those responding stated that they subjected all or some of their job candidates to criminal background checks. The reasons for increased employer reliance on criminal background checks are straightforward – to control theft and fraud and address heightened…

July 1, 2015

Employment Law

Upcoming FLSA Changes & Shrinking of the White Collar Exemption: Now is the Time to Reassess Compliance and Update Your Policies

In response to a directive from President Obama, the Department of Labor (DOL) has been working since Spring 2014 to revise the white collar exemption under the Fair Labor Standards Act (FLSA). The revisions are expected to significantly increase the minimum salary test and the primary duties test. What does the FLSA provide for and…

June 29, 2015

Employment Law

New Law Limits Virginia Employers’ Access to Social Media Accounts

If you have questions related to this article, please contact our Employment Law attorneys: Doug Taylor rdougtaylor@beankinney.com or Maureen Carr mcarr@beankinney.com. Effective July 1, 2015, employers in Virginia will be prohibited from requesting usernames and passwords for social media accounts of current employees or applicants. Specifically, Va. Code 40.1-28.7:5 will prohibit employers from: Requiring a…

April 27, 2015

Employment Law

Virginia May Soon Join Maryland in Prohibiting Employers from Asking for Social Media Passwords

Virginia appears poised to join Maryland and a handful of other states that ban employers from asking current employees and applicants for access to their social media accounts, like Facebook. Earlier this month, the Virginia legislature passed a bill that precludes an employer from requesting or compelling an employee to: 1) divulge passwords or usernames…

March 26, 2015

Employment Law

All Legally Married Same-Sex Couples Now Covered Under FMLA

Effective March 27, 2015, the Family and Medical Leave Act, or FMLA, will extend coverage to all legally married same-sex couples to take FMLA leave to provide care for their spouse. FMLA leave entitles eligible employees, as defined by the statute, to take unpaid leave for a “qualifying event” for a period of up to…

March 24, 2015

Employment Law

March Madness & Employee Morale: A Winning Combination

Selection Sunday has passed, the brackets are set and employers across the US find themselves once again on the eve of March Madness. Businesses are faced with the issue of whether to embrace the “madness” or to strictly enforce office policies, which likely prohibit distractions such as streaming basketball games and participating in bracket pools.…

March 17, 2015

Employment Law

Cunningham v. Feinberg: Virginia Employers May be Answerable in Maryland Courts for Unpaid Wages

In a case with potential significance for many Virginia employers, the Court of Appeals of Maryland recently decided in Cunningham v. Feinberg that the Maryland Wage Payment and Collection Law (“MWPCL”) may be applicable to unpaid wage claims arising from employment agreements entered into in Virginia. Thus, a Virginia employer that does not exercise care…

February 10, 2015

Employment Law

Does the Pregnancy Discrimination Act Require Employers to Provide Light Duty Accommodations to Pregnant Employees?

Thirty-five years ago, the Pregnancy Discrimination Act (“PDA”) established that it is unlawful for employers with fifteen or more employees to discriminate against pregnant workers “because of or on the basis of pregnancy, childbirth or related medical conditions.” That remains the basic law of the land today. What has remained unclear, however, is whether Congress,…

January 16, 2015

Employment Law

Data Security in a Technological World

The Uniform Trade Secrets Act, adopted by 47 states including Virginia, Maryland, and the District of Columbia, generally defines protectable trade secrets as information that derives independent economic value from not being generally known or readily ascertainable and that is subject to reasonable efforts to maintain its secrecy. In an age of electronic information storage…

September 12, 2014