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  • Bean, Kinney & Korman Represents Cavalier Healthcare Services, Inc. in the Sale of its Home Health Business

    September 23, 2021 | Business Insights

    Bean Kinney & Korman recently represented Cavalier Healthcare Services, Inc. in the sale of its home health business to LHC Group, Inc. (NASDAQ: LHCG), a national provider of in-home healthcare services.

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  • Employment Law in Focus

    September 17, 2021 | Employment Law

    In Episode 14 of Employment Law in Focus, attorney Doug Taylor discusses the new amended COVID-19 workplace safety regulations that went into effect on September 8, 2021, in Virginia.

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  • What if Your Employee Refuses to Get the COVID-19 Vaccine?

    September 16, 2021 By Maureen E. Carr | Employment Law

    In light of recent directives from the Biden Administration, an increasing number of employers with COVID-19 vaccine mandates will be faced with the question of what to do if an employee refuses to get vaccinated.

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  • Fourth Circuit Concludes that Title IX’s Prohibition Against Discrimination on the Basis of “Sex” May Extend to Charter School Uniforms

    August 11, 2021 By R. Douglas Taylor, Jr. | Employment Law

    Title IX of the Education Amendments of 1972 (“Title IX”) is straightforward in its prohibition:

    [N]o person shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination [in] any academic, extracurricular, . . or other education program or activity[.]

    The statute has unquestionably transformed high school and college athletics for females in the U.S. For example, before Title IX was passed , about 310,000 women and girls played college and high school interscholastic sports. Now, more than three million females participate in school sports.

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  • Virginia Expands Workplace Protections for Individuals with Disabilities

    July 12, 2021 By R. Douglas Taylor, Jr. | Employment Law

    The rapid evolution of Virginia workplace laws continues with the Virginia General Assembly’s passage of HB 1848 , which extends employee workplace protections under the Virginia Human Rights Act (“VHRA”) to include a prohibition on discrimination against individuals with disabilities. The VHRA is applicable to Virginia employers with six or more employees.

    Effective July 1, 2021, the VHRA requires employers to engage in the familiar, ADA-like, good faith interactive process to determine whether there are reasonable accommodations available that will allow an otherwise qualified individual with a disability to perform their job.

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  • The New Virginia Overtime Wage Act: Big Changes are Coming for Many Virginia Employers

    July 1, 2021 By Maureen E. Carr, R. Douglas Taylor, Jr. | Employment Law

    In our blog posts last year, we chronicled the sea change in employment laws that has been underway in Virginia, in areas such as misclassifying employees as independent contractors and workplace discrimination . Virginia has had a well-earned reputation as a state with workplace rules and regulations typically favoring businesses over employees. However, the Commonwealth has been pulled in the other direction in recent legislative sessions, with some now considering the state to be more aligned with progressive jurisdictions like California and Massachusetts, with more than a dozen employee-friendly pieces of legislation going into effect in 2020.

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  • Tackling the New Normal – EEOC Issues Updated Guidance for COVID-19 Vaccines in the Workplace

    June 8, 2021 By R. Douglas Taylor, Jr. | Employment Law

    With a significant percentage of individuals now fully vaccinated against COVID-19, businesses are beginning to reopen or expand in-the-office activity in Northern Virginia and across the Commonwealth. On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated and expanded technical assistance targeted to answer some of the frequently asked questions concerning COVID-19 vaccinations in the employment context.

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  • Fourth Circuit Nixes Appellate Review of Arbitration Award

    May 27, 2021 By R. Douglas Taylor, Jr. | Employment Law

    Ar*bi*tra*tion – is a procedure in which the parties opt for a private dispute resolution, instead of going to court, by submitting the dispute to one or more arbitrators to make a binding decision.

    Certain businesses routinely utilize employment arbitration agreements, finding them to be an effective means of dealing with the uncertainties of workforce disputes that may arise during employment or after it ends.

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  • Fourth Circuit Adopts Expansive View of Same-Sex Harassment

    May 25, 2021 By R. Douglas Taylor, Jr. | Employment Law

    A recent decision of a panel of the U.S. Fourth Circuit Court of Appeals offers an important reminder for employers: There is potential legal risk in ignoring or brushing off an employee who comes forward with complaints of sexual harassment by a supervisor — even when the employee and supervisor are both of the same sex. Glenn Industrial Group, Inc., a North Carolina-based provider of underwater inspection and repair services to utility companies learned that lesson last week.

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  • The Risks of Engaging Foreign Independent Contractors

    May 3, 2021 By Maureen E. Carr | Employment Law

    In today’s global economy, it has become increasingly common for companies based in the United States to engage workers who live in other countries to provide services as independent contractors. This practice has become even more prevalent during the COVID-19 pandemic with the broad expansion of virtual work.

    Companies can save money hiring independent contractors because they do not have to provide benefits, office space, or equipment to contractors or pay taxes on compensation paid to contractors. Companies can often save even more money engaging contractors from other countries due to lower labor costs.

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  • COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021

    April 13, 2021 By Dusko J. Stojkov, R. Douglas Taylor, Jr. | Business Insights

    President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law on March 11, 2021. The $1.9 trillion relief package contains several provisions that will impact employers, including a requirement that employers provide “assistance eligible individuals” (defined below) with fully subsidized COBRA continuation coverage premiums for the time period of April 1, 2021 through September 30, 2021, with such costs to be offset by a refundable credit against the employer’s share of Medicare tax under a newly added Internal Revenue Code section.

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  • COBRA Subsidies for Employees and Tax Credits for Employers Under the American Rescue Plan Act of 2021

    April 13, 2021 By Dusko J. Stojkov, R. Douglas Taylor, Jr. | Employment Law

    President Biden signed the American Rescue Plan Act of 2021 (the “ARPA”) into law on March 11, 2021. The $1.9 trillion relief package contains several provisions that will impact employers, including a requirement that employers provide “assistance eligible individuals” (defined below) with fully subsidized COBRA continuation coverage premiums for the time period of April 1, 2021 through September 30, 2021, with such costs to be offset by a refundable credit against the employer’s share of Medicare tax under a newly added Internal Revenue Code section.

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  • Bean, Kinney & Korman: Helping to Develop Cost-Effective COVID-19 Workplace Safety Policies and Procedures that Meet Virginia’s New Regulatory Requirements and OSHA, CDC Guidelines

    April 5, 2021 By R. Douglas Taylor, Jr. | Employment Law

    With COVID-19 vaccines becoming more readily available in the U.S. and a larger percentage of individuals having been vaccinated, businesses are beginning to reopen or expand in-the-office activity in Northern Virginia and across the Commonwealth. Businesses, both large and small, should be giving serious thought to the COVID-19 workplace safety policies and procedures that all are required to have in place to achieve appropriate workplace safety for employees and customers whenever re-opening day arrives.

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  • Construction Services Company Flagged for Unpaid Employee Travel Time

    April 1, 2021 By R. Douglas Taylor, Jr. | Employment Law

    The U.S. Department of Labor (DOL) continues to focus considerable enforcement attention on when employees must be paid for travel time between home and their office or worksite under the Fair Labor Standards Act (FLSA). Construction and building trades companies remain at the forefront of the enforcement efforts of the DOL’s Wage and Hour Division (“WHD”), as exemplified by the recent consent judgment that ended the lawsuit brought by the DOL against AWP, Inc., a company that provides traffic control “flagging” services for temporary construction work zones.

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  • The Risks of Using In-House Counsel to Conduct Internal Investigations

    March 23, 2021 By R. Douglas Taylor, Jr. | Employment Law

    While employers strive to minimize the occurrence 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 employers rely on their in-house counsel. However, there are potential downsides to using in-house counsel as the first line of defense when investigating an employee complaint.

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  • Thinking About Hiring an Unpaid Summer Intern?

    March 23, 2021 By R. Douglas Taylor, Jr. | Employment Law

    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 to pay interns for work that should have been performed by paid employees.

    To determine whether your intern is entitled to minimum wage or overtime, the U.S. Department of Labor (DOL) has proffered a seven-factor “primary beneficiary test.”

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  • Complying with the District of Columbia’s Accrued Sick and Safe Leave Requirements

    March 23, 2021 By R. Douglas Taylor, Jr. | Employment Law

    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 and the Americans with Disabilities Act, with only some minor variations, while Maryland mandates employee leave that deviates from both federal law and District of Columbia law.

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  • Avoiding Liability Under the Fair Labor Standards Act

    March 23, 2021 By R. Douglas Taylor, Jr. | Employment Law

    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 complain that their rights have been violated.

    In the past, the FLSA’s anti-retaliation provision has been applied to cases where an employee had been terminated or discriminated against after filing a formal complaint with a governmental agency, typically the U.S. Department of Labor, resulting in the commencement of formal proceedings against the employer.

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  • Legal Considerations When Terminating an Employee

    March 23, 2021 By R. Douglas Taylor, Jr. | Employment Law

    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 terminate employees without following some basic procedures that take little effort on the part of the employer but can prevent major headaches later. Following these rules prior to termination can help employers avoid problems post-employment and can provide a full defense to an employee’s claim of wrongful termination.

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  • OSHA Tells Employers: Vaccinated Employees Should Still Wear Face Coverings

    February 3, 2021 By R. Douglas Taylor, Jr. | Employment Law

    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 (OSHA).

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