Blogs

Employment Law

U.S. Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time…

April 2, 2014

Employment Law

No WARNing of Bankruptcy?

Bankruptcy does not automatically eliminate an employer’s obligations under the federal WARN Act, and financially distressed companies can still face significant liability for failing to provide advance notice of mass layoffs or plant closings. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Andrea Campbell Davison explains how bankruptcy can complicate WARN Act compliance, including disputes over whether a debtor still qualifies as an “employer” and…

April 2, 2014

Business and Financial Services

Department of Labor Further Delays Publication of its Final “Persuader” Rules

The U.S. Department of Labor (DOL) has once again delayed publication of its final rule on “persuader activities.” The DOL’s final rule was initially scheduled for publication in November 2013. As that date approached, the DOL rescheduled publication for March 2014. Having now hit that mark, the DOL once more has pushed off publication—this time without setting a future date. The new date is expected to be announced in the DOL’s Spring 2014 Regulatory Agenda. In June 2011, the DOL published…

April 2, 2014

Employment Law

OFCCP’s Final Rule On Employing People With Disabilities Takes Effect March 24

On March 24, 2014, the final rule published by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) requiring federal contractors and subcontractors to undertake affirmative action for individuals with disabilities will take effect. The final rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which…

March 20, 2014

Employment Law

Avoiding Pitfalls of Severance Agreements

Severance agreements are commonly used to manage risk when terminating employees, but poorly structured agreements can create unintended legal exposure for employers. In this Bean, Kinney & Korman article published in the BKK Employment Law Newsletter, Rachelle Hill explains that employers should carefully structure releases, avoid attempting to waive future claims, and ensure agreements are executed at the appropriate time—typically at the end of employment—to remain enforceable. The analysis…

January 1, 2014

Employment Law

2013 Virginia Employment Law in Review

In anticipation of a new year, the following is a brief overview of selected notable employment-related cases in Virginia from 2013. These cases involve non-competition agreements, discrimination claims and bankruptcy issues. Each case has components to keep in mind when dealing with employment matters in Virginia. Demurrer Not Proper Challenge Non-Compete Assurance Data, Inc. v.…

December 28, 2013

Employment Law

Sea Change in Virginia Non-Competition Law

Virginia courts continue to view non-compete agreements skeptically, but recent case law may make it more difficult for employees to defeat those restrictions at the earliest stages of litigation. In this Bean, Kinney & Korman article, James V. Irving explains how the Virginia Supreme Court’s decision in Assurance Data, Inc. v. Malyevac shifted the procedural landscape by holding that employers should generally have the opportunity to present evidence supporting the reasonableness of a…

September 24, 2013

Business and Financial Services

Proactive Steps to Protect Trade Secrets

Trade secret protection depends as much on preventive measures as it does on the underlying value of the information itself. In this Bean, Kinney & Korman article published in the BKK Business Law Newsletter, James V. Irving explains that the Virginia Trade Secrets Act protects confidential business information only if three conditions are met: the information qualifies as a trade secret, the owner takes reasonable steps to maintain secrecy, and the person using the information knows or should…

September 1, 2013

Employment Law

Fourth Circuit Joins D.C. Circuit in Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule would have impacted nearly six million employers, the majority of which are small businesses. The rule issued by the National Labor…

August 16, 2013

Employment Law

Administration Postpones Health Care Reporting and Penalties Until 2015

On Tuesday, July 2, the Treasury Department announced that the Obama Administration will delay the Affordable Care Act’s mandatory employer and insurer reporting requirements for another year. These requirements will not take effect until 2015 while the Treasury Department works out new rules to help businesses navigate the complexities of the health care mandate. The…

July 3, 2013