Blogs

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

Employment Law

OSHA Tells Employers: Vaccinated Employees Should Still Wear Face Coverings

Now that COVID-19 vaccines are becoming more widely available in the U.S. and a larger percentage of individuals have been vaccinated, the perception also seems to be growing that employees, now protected against the virus, can just stop wearing their face coverings while in the workplace. Not so, according to Occupational Safety and Health Administration…

February 3, 2021

Business and Financial Services

May I Be Excused? New York Federal Court Says COVID-19 Pandemic a “Natural Disaster,” and Why Your Force Majeure Clause Matters

Throughout the ongoing COVID-19 crisis, one of the biggest challenges facing businesses and the legal community has been the lack of clear judicial direction addressing the pandemic’s impact upon contract performance obligations. Few agreements prepared before the pandemic began likely included provisions expressly providing for such an event. Now, contracting parties are wondering whether they…

January 18, 2021

Employment Law

DOL Explains FLSA Travel Time Payment Rules for Part-Day-Telework Employees

The U.S. Department of Labor (DOL) weighed in again on the question of employee travel time between home and office, i.e., whether or under what circumstances it is compensable under the Fair Labor Standards Act (FLSA) for “an employee who chooses to telework for part of the day and work at the office for part…

January 15, 2021

Employment Law

Can Employers Require Employees to Get the COVID-19 Vaccine?

The arrival of the COVID-19 vaccine foretells a return to normalcy (or some semblance of normalcy) in the workplace and beyond. As the vaccine becomes more widely available, many employers are grappling with the question of whether they can require employees to get vaccinated. The answer is yes, but with some limitations. Essentially, employers can…

January 15, 2021

Employment Law

FFCRA Update: COVID-19 Paid Leave in 2021

The paid leave requirements of the Families First Coronavirus Response Act (“FFCRA”) expired on December 31, 2020, but employers who choose to continue providing such paid leave can benefit from the FFCRA tax credit through March 31, 2021. From April 1, 2020 to December 31, 2020, the FFCRA required covered employers (private employers with fewer…

January 13, 2021