Blogs

Employment Law

New Virginia Higher Ed Laws: A Significant Shift in College Admissions

On July 1, 2024, Virginia ushered in a new era in higher education in the Commonwealth with the implementation of groundbreaking legislation that bans legacy preferences in college admissions. The move positions Virginia as a leader in the quest for a more equitable and inclusive admissions process. Understanding the New Legislation The new law, which…

July 8, 2024

Employment Law

With the Demise of the Chevron Doctrine, Will the FTC’s Ban on Non-Competes Survive Judicial Review?

On May 7, 2024, the Federal Trade Commission (“FTC”) published its final Non-Compete Clause Rule (“Final Rule”) making it an “unfair method of competition,” in violation of Section 5 of the Federal Trade Commission Act (“FTC Act”), for employers to “enter into non-compete clauses with ‘workers’” (includes both “employees” and “independent contractors”) after the effective…

July 2, 2024

Employment Law

EEOC Doubles Enforcement Effort Against Employers in FY2023

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently released its FY 2023 Office of General Counsel (“OGC”) Annual Report reflecting the agency’s litigation efforts to enforce federal anti-discrimination laws for the fiscal year ending September 30, 2023.It shows that the agency doubled the number of lawsuits filed against employers. The EEOC is responsible for enforcement…

April 10, 2024

Employment Law

What is a “Low Wage” Worker and Why It Matters to Virginia Employers

The Virginia Department of Labor and Industry (DOLI) announced recently that the average weekly wage, which is used to define “low wage employee” in the Commonwealth would increase to $1,410 per week in 2024, up from $1,343 per week in 2023. Why might that matter if you are a Virginia employer? Since 2020, Virginia law…

February 7, 2024

Employment Law

When Stormy Weather Closes Your Business, Do You Still Have to Pay Your Employees?

For the first time in more than two years, the northern Virginia area was blanketed by a significant winter storm recently, with enough snow accumulation that many businesses made the decision to close for the day. Those office closures likely raised questions that many Virginia employers hadn’t thought about for a while: Do I have…

January 22, 2024

Employment Law

The Employee’s Handbook to Holiday Work

The holiday season often brings a surge in work hours, especially for those in the retail and service industries. This period, while potentially lucrative for both employers and employees, also brings with it questions about holiday pay, overtime, and legal rights. This article aims to address these concerns, offering clarity and some guidance to help…

December 14, 2023

Employment Law

NLRB Delays Start Date for New Joint Employer Rule

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a new rule, with an effective date of December 26, 2023, establishing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. A more…

November 22, 2023

Employment Law

Are You a Joint Employer Under the NLRB’s New Rule? Why it Matters to Your Business

On October 26, 2023, the National Labor Relations Board (NLRB or Board) issued a long-awaited new rule addressing the standard for determining joint employer status under the National Labor Relations Act (NLRA). The NLRB’s new rule significantly expands the definition of “joint employment” under the NLRA. Under the NLRB’s new rule, one company may be…

November 16, 2023

Employment Law

The Risks of Reusing Employment Document Templates

As we navigate through 2023, the employment law landscape continues to shift and evolve, more so than many experts had anticipated. The dynamic regulatory framework has been particularly noteworthy, with federal government agencies actively weighing in and reshaping the contours of employment documentation. Of particular interest to employers should be the close scrutiny severance agreements…

October 30, 2023

Employment Law

Flex Drivers are Amazon Employees, not Contractors, Says Virginia Appeals Court

In a case with significant consequences for gig economy workers and businesses in the Commonwealth, the Virginia Court of Appeals ruled recently that Amazon Logistics, Inc. (Amazon) had misclassified Ronald Diggs, a Flex delivery driver, as an independent contractor, when, in fact, he was an Amazon employee. With the Court’s finding, Amazon now owes unemployment…

October 23, 2023