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The U.S. Department of Labor (DOL) recently shook up the labor market with an announcement that could significantly impact 3.6 million low-paid salaried workers in the United States. Under the new rule proposed by the DOL, the new salary threshold for overtime pay eligibility under the Fair Labor Standards Act (FLSA) would be set at $1,059 per week or about $55,000 per year, up from the current salary level of $684 per week, or $35,578 annually.

With the Senate returning from its August recess on September 5, 2023, and the House not back in session until September 12, 2023, — and differences of hundreds of billions of dollars on spending remaining between the two chambers — time may have run out to avoid a federal government shutdown on October 1, 2023, according to many experts. Without Congressional enactment of the required annual appropriation bills, federal agencies are unable to spend federal resources and must cease all non-essential governmental functions until Congress acts.

This is Part 3 in a Three-Part Series. Read Part 2. The recent ruling on the Small Business Administration’s (SBA) 8(a) program has stirred much debate and speculation. With the blanket assumption of social disadvantage based on race or ethnicity overturned by a Tennessee Federal District Court, a new path for the program’s future awaits. This concluding piece in our series aims to envision the road ahead for the 8(a) program, its participants, and the broader realm of federal contracting.

Following the U.S. District Court for the Eastern District of Tennessee’s recent decision, which impacts the 8(a) Business Development Program’s administration criteria, the Small Business Administration (SBA) released interim guidelines. The challenge now facing the program lies in ensuring that eligibility criteria remain true to its mission while adhering to the court’s mandate.

The U.S. Small Business Administration’s (SBA) 8(a) program, established to support and foster growth among socially and economically disadvantaged businesses, has found itself in the eye of a storm. A recent ruling by the U.S. District Court for the Eastern District of Tennessee has reshaped how the SBA will approach its pivotal 8(a) program, particularly concerning the criteria of “socially disadvantaged.”

On August 11, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed regulations to implement the federal Pregnant Workers Fairness Act (PWFA). The proposed regulations will remain open for public comment through October 10, 2023.

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating when employer workplace rules will be found to have a “reasonable tendency” to discourage employees from exercising their right under Section 7 of the National Labor Relations Act (NLRA) to form, join, or assist with labor organizations, to bargain collectively, and to engage in other concerted activities for the purpose of mutual aid or protection.

Unlawful retaliation in the workplace, whether under Title VII of the Civil Rights Act, or under state civil rights or whistleblower protections, is a pivotal situation – the EEOC received more than 28,000 retaliation complaints in 2022 — and involves complex areas of employment law, requiring a nuanced understanding for employers to effectively navigate the potential risks. Simply put, workplace retaliation denotes the unjust punitive measures taken by an employer against an employee who has engaged in legally “protected activities,” which can include whistleblowing or lodging complaints about workplace discrimination or harassment.

Arlington County has finally unveiled the draft Langston Boulevard Area Plan after a lengthy review process. The Langston Boulevard Area Plan will be a comprehensive vision for the corridor’s future. This article will focus on three crucial aspects of the plan and what effect there may be for property owners along Langston Boulevard.

You likely know the story by now. What started as an intrepid expedition to take a close-up look at the wreck of the Titanic using an experimental submersible vehicle named Titan to descend 12,500 feet below the surface of the north Atlantic Ocean, ended with the subsequent discovery of the Titan in pieces scattered on the ocean floor, as reported by the U.S. Coast Guard, and the apparent deaths of the five people on board. It has also been widely reported that the individuals onboard the Titan had paid up to $250,000 for the privilege and, as a condition of their participation, had voluntarily signed extensive liability waivers purporting to preclude recovery of damages from the Titan’s owner, OceanGate Expeditions, Ltd. (“OceanGate”), in the event of a mishap, even a catastrophic one.

Virginia law has licensing regulations that spell out specific terms that must be included in all residential contracting. These regulations apply broadly to construction and renovation work and are spelled out clearly at 18 VAC 50-22-260. There are some nuances to the type of projects and contractors to which these regulations apply.

In a shot across the bow to U.S. businesses, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo recently issued a memo to all NLRB Regional Directors, Officers-in-Charge, and Resident officers making clear her view that “the proffer, maintenance, and enforcement” of non-compete provisions in employment agreements violate the National Labor Relations Act (NLRA), e]xcept in “limited circumstances.” Under the NLRA, it is unlawful for employers to interfere with, restrain, or coerce employees in the exercise of their “right to self-organization, to form, join, or assist labor organizations, or to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

In a prior post, I discussed the five “white-collar” exemptions to the Fair Labor Standards Act’s (“FLSA”) minimum wage and overtime pay requirements. This post addresses the consequences of improperly classifying employees as exempt, identifies common classification mistakes, and offers suggestions and recommendations to ensure proper classification.

In The Atlanta Opera, 372 NLRB 95 (2023), a decision that may have particular significance for gig-economy businesses relying extensively on independent contractors, such as DoorDash and Lyft, the National Labor Relations Board (Board) got rid of its Trump-era independent contractor test under the National Labor Relations Act (NLRA) that had focused special significance on whether a worker had “significant entrepreneurial opportunity for gain or loss.” In the place of that 2019 ruling in SuperShuttle DFW, Inc., the Board announced that it was returning to the Obama-era independent contractor test first articulated in 2014, in FedEx Home Delivery (FedEx II) decision.

The federal Fair Labor Standards Act (“FLSA”), which applies to nearly all private-sector employers in the United States, establishes an important distinction between (1) non-exempt (a.k.a. hourly) workers, who are subject to the FLSA’s minimum wage and overtime requirements, and (2) exempt (a.k.a. salaried) workers, who are exempt from such requirements. The most common FLSA exemptions (known as “white-collar exemptions”) are executive, administrative, professional, computer, and outside sales.

The Family and Medical Leave Act (FMLA) has been around for about 30 years. It is straightforward in its purpose: to provide eligible employees with unpaid leave to bond with a newborn, newly adopted, or newly placed child, care for a seriously ill child, spouse, or parent, or to care for their own serious health condition, without fear of losing their jobs. Yet, in application, many employers have found the FMLA to be equivocal or downright opaque on important requirements under the statute.

In the world of mergers and acquisitions (M&A), representations and warranties are the backbone of a successful transaction. They are designed to protect both the buyer and the seller by allocating risks and ensuring that the deal value is maximized. In this blog post, we will explore the importance of representations and warranties in M&A agreements and provide some strategies for negotiating favorable terms, in addition to discussing the implications of inaccurate representations and the potential remedies available to parties.

The so-called “remote work revolution” has transformed the way we work, with telecommuting becoming the new norm for many businesses in Virginia. As employers and employees adapt to this change, it is essential to understand the employment law challenges that come with remote work. In this blog, we will explore the legal implications of telecommuting, discussing topics like wage and hour laws, workplace safety regulations, and discrimination issues. We will also offer guidance for both employers and employees on how to ensure compliance in a virtual work environment.

In today’s digital landscape, the concept of fair use in copyright law has become increasingly critical for businesses and individuals alike. The line between permissible use and infringement can be blurry, making it essential to understand the intricacies of fair use to avoid potential legal ramifications. Fair use is a legal doctrine that allows limited use of copyrighted material without acquiring permission from the rights holders.

Recently, in Elon Musk’s “what not to do moments,” Part 3, I blogged about a series of tweets by Musk back in May 2018, that an administrative law judge of the National Labor Relations Board (NLRB) concluded had created an “unlawful threat” under the National Labor Relations Act (NLRA) because Tesla employees could reasonably have concluded from the tweets that Musk was threatening them with economic reprisals if the employees supported the formation of a union. Musk’s tweets came in the middle of what the U.S. Fifth Circuit Court of Appeals described as a “tense union campaign” by the United Auto Workers (UAW) at Tesla’s electric vehicle manufacturing plant in Freemont, California.