-
Holidays and Calculating FMLA Leave
June 1, 2023 By R. Douglas Taylor, Jr. | Employment Law
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.
Read More...Representations and Warranties in M&A Transactions: Minimizing Risks and Maximizing Deal Value
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.
Read More...Remote Work Revolution: Legal Challenges and Telecommuting
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.
Read More...Fair Use or Foul Play? Navigating the Complexities of Copyright Fair Use in the Digital Age
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.
Read More...Elon Musk’s “What Not to Do” Moments – Part 4: Racial Discrimination by Supervisors Should Never be Tolerated!
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.
Read More...Elon Musk’s “What Not to Do” Moments – Part 3: Just Say No to Twitter!
Elon Musk has become a treasure trove of “what not to do moments” on Twitter for U.S. employers. Recently I blogged about Musk’s twitter exchange dust up with Haraldur Thorleifsson, a disabled Twitter employee, with Musk appearing to question whether Thorleifsson was disabled and criticized his work ethic. Musk subsequently apologized to Thorleifsson, claiming that he had been given bad information, but not before the tweet generated a storm of public criticism of Musk and created potential legal risks for Twitter.
Read More...Virginia Supreme Court Voids Fairfax County’s New Zoning Ordinance
On March 23, 2021, the Fairfax County Board of Supervisors (the “Board”) approved a comprehensive update and modernization – the “Zoning Ordinance Modernization Project (“ZMod”) – of the County’s Zoning Ordinance. At that time, the Board was utilizing special electronic meeting rules so that it could conduct public business necessary to continuation of government during the COVID-19 Emergency (these meeting rules were subsequently amended). ZMOD became effective on July 1, 2021 and applied to all zoning approvals or amendments (i.e., rezonings (including subsidiary plans), special exceptions, special permits, variances, modifications and waivers) approved by the Board, the Planning Commission or the Board of Zoning Appeals after that time.
Read More...FTC Votes to Extend Public Comment Period for Proposed Ban on Non-Competes
The Federal Trade Commission (“FTC”) recently voted to extend the public comment period for its proposed new rule to ban employers from imposing non-competes on their workers. The public comment period was extended by the FTC for 30 days, until April 19, 2023. Originally the public comment deadline had been March 20, 2023. The proposed rule has prompted more than 10,000 public comments. The FTC’s rule banning employer non-competes, which was announced on January 5, 2023, “is based on a preliminary finding that non-competes constitute an unfair method of competition,” according to the agency, and “therefore violate Section 5 of the Federal Trade Commission Act.” Read more about the FTC’s proposed ban on worker non-competes here.
Read More...