Blogs

Employment Law

OSHA Proposes New Heat Injury and Illness Protections for Workers

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) gave notice of proposed rulemaking titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The proposed rules would for the first time set federal heat standards to protect the health and safety of U.S. workers. There are currently no federal OSHA…

July 17, 2024

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

Business and Financial Services

Is a Private School’s 501(c)(3) Status Enough to Subject it to Title IX Compliance Obligations?

In a decision of significance for private schools and other tax-exempt organizations, the United States Court of Appeals for the Fourth Circuit (“Fourth Circuit”) decided recently that merely having 501(c)(3) tax status is not a form of “federal financial assistance” sufficient to subject a tax-exempt school or organization to compliance obligations under Title IX of…

April 17, 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

Business and Financial Services

What is “Beneficial Ownership” under the Corporate Transparency Act?

In a move to fortify transparency within corporate America, the enactment of the Corporate Transparency Act (CTA or Act) and its implementing regulations have introduced critical changes to the reporting and disclosure requirements for businesses. A central aspect of this legislation is the concept of “beneficial ownership.” This term, crucial yet complex, is essential for…

January 8, 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